California law enforcement personnel and prosecutors treat kidnapping as a very serious crime. In a worst-case scenario, conviction can lead to life in prison without the possibility of parole (LWOP). Kidnapping is also a “Strike” under California’s Three Strikes law. If you have been charged with kidnapping or are under investigation for kidnapping it is critical that you speak to an experienced criminal defense attorney before answering any questions from law enforcement. The responses you provide to law enforcement may lead to your future conviction. Contact Rodriguez, Lewis & Kahn to immediately learn about the criminal justice system, defenses, and the legal options available.

What Is Kidnapping

In general, kidnapping (also called “abduction”) is taking a victim from one place to another, without his or her consent during which time the victim does not believe he or she is free to escape due to use of force, threats of violence, or intimidation.

California Law

The California Kidnapping laws are primarily contained in Penal Code 207, 208, 209, 209.5 and 278. Each code section refers to a different kind of kidnapping. For example:

• Simple Kidnapping - California Penal Code 207
  Simple kidnapping is defined as forcibly, or by any other means of instilling fear, stealing or taking, or holding, detaining, or arresting any person and carrying the person into another country, state, or county, or into another part of the same county. Simple Kidnapping is a felony.


• Aggravated Kidnapping - California Penal Code 209
  Aggravated kidnapping can refer to a number of different kidnapping situations, including kidnapping for ransom, reward or extortion; and kidnapping to commit a sex crime or robbery. Aggravated kidnapping is a felony.


• Kidnapping During a Carjacking - California Penal Code 209.5
  Kidnapping during a carjacking can be charged when a person is kidnapped during the commission of a carjacking and in order to facilitate the carjacking. Kidnapping during a carjacking is a felony.


• Extortion by Posing as a Kidnapper - California Penal Code 210
  Extortion by posing as a kidnapper can be charged when a person pretends to be a kidnapper or pretends to have some ability to obtain the release of a kidnapped person for the purpose of extorting money or something else of value. Extortion by posing as a kidnapper is a felony.


• Parental Kidnapping - California Penal Code Section 278
  Parental Kidnapping can be charged when a person, not having a right to custody, maliciously takes, entices away, keeps, withholds, or conceals any child with the intent to detain or conceal that child from a lawful custodian. Parental kidnapping is a “wobbler,” meaning it can be charged as either a felony or misdemeanor.

Under the kidnapping law, force is defined as the actual use of physical force or threat of imminent physical harm. Fear does not necessarily mean being afraid. Fear is the state if mind where the victim reasonably believes that if he or she does not comply with the suspect’s demands, the victim will suffer some physical harm. Movement under the law refers to “substantial” as opposed to trivial or slight movement. There is no specific distance required for kidnapping. The movement must be under coercion.

Penalties and Punishment

The severity of the penalty associated with a kidnapping conviction varies depending on the circumstances, for example:

• “Simple Kidnapping” is punishable in state prison by three (3), five (5) or eight (8) years
• If the person kidnapped is under fourteen (14) years of age at the time of the commission of the crime, the kidnapping is punishable in state prison for five (5), eight (8), or eleven (11) years
• “Aggravated Kidnapping” (ransom/reward/robbery/extortion) is punishable by life in state prison with the possibility of parole
• If the victim of an aggravated kidnapping suffers bodily harm or death as a result of kidnapping, then the punishment is life in prison without the possibility of parole (LWOP)
• “Extortion by Posing as a Kidnapper” is punishable by two (2), three (3) or four (4) years in the state prison
• “Kidnapping During Carjacking” is punishable by imprisonment in state prison for life with the possibility of parole
• “Parental Kidnapping” (also referred to as child stealing) is punishable by imprisonment in a county jail not exceeding one (1) year or if charged as a felony, by imprisonment in the state prison for two (2), three (3), or four (4) years.

In most cases, kidnapping is a “Strike” under California’s Three Strikes Law, as well as a “violent felony.” Therefore, the defendant must serve at least 85% of the sentence before being eligible for release. If the defendant is subsequently charged with any felony, the sentence for that new offense will be doubled as a result of the prior kidnapping “Strike” conviction. A third felony conviction (third strike) after two “strike” could result in a sentence of 25 years to life in state prison.

Legal Defenses

There are a number of defenses to kidnapping charges. “Consent” and “lack of intent” are defenses to kidnapping. For example, if the defendant reasonably believed that the victim voluntarily went with him/her, the crime of kidnapping did not occur. The circumstances surrounding the alleged kidnapping will have a significant impact on how the offense is charged, the probability of conviction and the defense strategy. At Rodriguez, Lewis & Kahn, our first objective is to discover all of the facts that could be used to get the kidnapping charges dismissed. If the prosecution’s case is strong enough to present a significant risk of years in prison, we may be able to negotiate a plea bargain to get the kidnapping charge reduced to a false imprisonment charge, which, if charged as a misdemeanor may mean the defendant will avoid jail.

Los Angeles Kidnapping Defense Attorneys

Kidnapping is a serious offense that can result in a lengthy prison sentence and other life-altering consequences. If you have been charged with kidnapping, you need experienced, aggressive criminal defense attorneys who will fight for you, obtain the best result possible and keep you out of state prison. At Rodriguez, Lewis & Kahn, we focus exclusively on criminal defense. Our success is based on meticulous preparation, investigation and an aggressive approach to each case we take on. Contact us today for a no-cost confidential consultation to discuss your options.