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California Kidnapping Law

California Penal Code 207

California Penal Code Section 207 defines kidnapping as the use of force or fear to take a person and move him or her a substantial distance. The penalties and punishment for a kidnapping conviction in California is up to eight years of state prison-more if there was injury or abuse to the victim, if the victim was a child, or if the kidnapping was done to facilitate another crime.

If you or a loved one faces kidnapping charges under Penal Code Section 207 in San Bernardino, Los Angeles, Riverside or the surrounding areas, contact one of our California criminal defense lawyers for a consultation.

Below is what the state must prove in order to convict someone of kidnapping in California (based on the California Judicial Council's Jury Instructions):

The Elements of the Crime of Kidnapping in California

1. The kidnapper took, held, or detained another person by means force or by instilling reasonable fear;

2. Using that force or fear, the kidnapper moved the other person or made the other person move a substantial distance;

AND

3. The other person did not consent to the movement.

A "substantial distance" is a distance more than slight or trivial. In determining whether the distance was substantial, the jury must consider all the circumstances relating to the movement. In addition to considering the actual distance moved, the jury may also consider other factors such as whether the movement increased the risk of (physical or psychological) harm, increased the danger of a foreseeable escape attempt, gave the attacker a greater opportunity to commit additional crimes, or decreased the likelihood of detection.

Good Faith Belief in Consent as a Defense to Kidnapping

The defendant is not guilty of kidnapping if he reasonably and actually believed that the other person consented to the movement. The People have the burden of proving beyond a reasonable doubt that the defendant did not reasonably and actually believe that the other person consented to the movement. If the People have not met this burden, you must find the defendant not guilty of this crime.

Consent as a Defense to Kidnapping

The defendant is not guilty of kidnapping if the other person consented to go with the defendant. The other person consented if he (1) freely and voluntarily agreed to go with or be moved by the defendant, (2) was aware of the movement, and (3) had sufficient maturity and understanding to choose to go with the defendant. The People have the burden of proving beyond a reasonable doubt that the other person did not consent to go with the defendant. If the People have not met this burden, you must find the defendant not guilty of this crime.

Consent may be withdrawn. If, at first, a person agreed to go with the defendant, that consent ended if the person changed his or her mind and no longer freely and voluntarily agreed to go with or be moved by the defendant. The defendant is guilty of kidnapping if after the other person withdrew consent, the defendant committed the crime as I have defined it.

California Penal Code Section 207

Additional Resources Regarding Kidnapping

Kidnapping and Missing Persons
Investigations FBI pages of missing persons.

Encyclopedia Discussion of Kidnapping
Definition of kidnapping, elements of the crime, history of kidnapping.