Penal Code § 209 PC defines aggravated kidnapping as one that is done (1) for ransom or a reward or (2) to commit another crime such as robbery or rape. Aggravated kidnapping is a more serious felony charge than ordinary kidnapping under Penal Code 207, and it carries a sentence of life in prison.
The language of the code section reads as follows:
209. (a) Any person who seizes, confines, inveigles, entices, decoys, abducts, conceals, kidnaps or carries away another person by any means whatsoever with intent to hold or detain, or who holds or detains, that person for ransom, reward or to commit extortion or to exact from another person any money or valuable thing, or any person who aids or abets any such act, is guilty of a felony, and upon conviction thereof, shall be punished by imprisonment in the state prison for life without possibility of parole in cases in which any person subjected to any such act suffers death or bodily harm, or is intentionally confined in a manner which exposes that person to a substantial likelihood of death, or shall be punished by imprisonment in the state prison for life with the possibility of parole in cases where no such person suffers death or bodily harm.
(b) (1) Any person who kidnaps or carries away any individual to commit robbery, rape, spousal rape, oral copulation, sodomy, or any violation of Section 264.1, 288, or 289, shall be punished by imprisonment in the state prison for life with the possibility of parole.
(2) This subdivision shall only apply if the movement of the victim is beyond that merely incidental to the commission of, and increases the risk of harm to the victim over and above that necessarily present in, the intended underlying offense.
(c) In all cases in which probation is granted, the court shall, except in unusual cases where the interests of justice would best be served by a lesser penalty, require as a condition of the probation that the person be confined in the county jail for 12 months. If the court grants probation without requiring the defendant to be confined in the county jail for 12 months, it shall specify its reason or reasons for imposing a lesser penalty.
(d) Subdivision (b) shall not be construed to supersede or affect Section 667.61. A person may be charged with a violation of subdivision (b) and Section 667.61. However, a person may not be punished under subdivision (b) and Section 667.61 for the same act that constitutes a violation of both subdivision (b) and Section 667.61.
Examples
- kidnapping a boy, moving him into his apartment, and calling the boy’s parents demanding a ransom for his release.
- forcing a homeowner into the owner’s garage, locking him inside, and then robbing the home
- kidnapping a police officer and keeping him held at gunpoint until a prisoner is released from custody
Defenses
Luckily, there are several legal defenses that a person can raise if accused of the crime of kidnapping under Penal Code 209. These include showing that an accused party was:
- not guilty of kidnapping;
- coerced into a confession; and/or,
- was arrested without probable cause.
Penalties
Kidnapping for ransom or to commit a crime is charged as a felony (as opposed to a California misdemeanor or an infraction). The criminal offense of aggravated kidnapping is punishable by imprisonment in the California State Prison for life – with or without the possibility of parole.
Our California criminal defense lawyers will highlight the following in this article
- 1. What is the legal definition of aggravated kidnapping?
- 2. What are the best legal defenses to Penal Code 209?
- 3. What are the penalties?
- 4. Are there related crimes?
Kidnapping for ransom and kidnapping to commit a crime are forms of aggravated kidnapping.
1. What is the legal definition of aggravated kidnapping?
California Penal Code 209(a) PC states that it is a crime for a person to kidnap another party “for ransom, reward or to commit extortion or to exact from another person any money or valuable thing.”1
California Penal Code 209(b) states that it is a crime for a person to kidnap another party in order to commit:
- robbery;
- rape;
- spousal rape, under Penal Code 262 PC;
- oral copulation, under Penal Code 287 PC; or,
- sodomy, under Penal Code 286 PC.2
Both types of kidnapping in code section 209(a) and 209(b) are forms of aggravated kidnapping.
Aggravated kidnapping is a more serious charge than ordinary, or simple, kidnapping.
“Kidnapping,” under California law, is the act of moving a victim a substantial distance, using force or fear to do so.3 The moving of the victim must also come without the victim’s consent.
“Force or fear” means that a defendant either:
- inflicted physical force upon the alleged victim, or
- threatened to inflict imminent physical harm upon the alleged victim.
2. What are the best legal defenses to Penal Code 209?
A person accused under PC 209 can challenge the accusation by raising a legal defense. A good defense can often get an aggravated kidnapping charge reduced or even dismissed. Please note, though, that it is critical for an accused to hire an attorney to get the most effective defense.
Three common defenses to PC 209 accusations are:
- innocent of kidnapping;
- coerced confession; and/or,
- no probable cause.
2.1. Innocent of kidnapping
Penal Code 209 makes it a crime for a person to kidnap another party for ransom or to commit a crime. This means a person cannot get convicted under the code section if he is innocent of the underlying offense of kidnapping itself. A party can try to show that he is not guilty of kidnapping by proving that he did not do any of the following:
- move an alleged victim,
- a substantial distance,
- using force or fear to do so.
Perhaps the defendant was falsely accused by a third person or was wrongly picked out of a lineup. Common evidence in these cases includes recorded communications by the accuser, surveillance video, GPS records, and eyewitness testimony.
2.2. Coerced confession
This defense applies to the situation where a defendant was charged under PC 209 following a confession.
California law states that police may not use overbearing measures to coerce a confession.
If a party can show that the police coerced him into a confession, then:
- The judge may exclude the confession from evidence; or,
- The case could get dropped altogether if the party got pressured into confessing to a crime he didn’t commit.
2.3. No probable cause
This line of defense tries to exclude evidence that is being used against a defendant for a PC 209 violation.
If a person was stopped or arrested without probable cause, then any evidence obtained following the improper stop/arrest could get excluded from the case. This exclusion could result in the dismissal or reduction in charges.
California law says that a police officer must have probable cause to detain or arrest a suspect. “Probable cause” essentially means that there is a reasonable belief that someone committed a crime (based on all of the circumstances).
A violation of Penal Code 209 PC is charged as a felony and results in prison time.
3. What are the penalties?
A violation of Penal Code 209 PC is charged as a felony (as opposed to a California misdemeanor or an infraction). The punishment for the crime, though, differs as to whether a person is guilty under PC 209(a) or PC 209(b).
If a defendant is accused of kidnapping for ransom, and the victim suffers death or bodily harm, then he will face imprisonment in the California state prison for life without the possibility of parole. If no death or bodily harm, then the defendant will face life in prison with the possibility of parole.4
If an accused is guilty of kidnapping to commit a crime, then he will be punished with imprisonment in the California state prison for life with the possibility of parole.5
If a person is guilty under either Penal Code 209(a) or 209(b), and felony probation is granted, Penal Code 209(c) says that the defendant must typically serve 12 months in the county jail as a condition of the probation.6
4. Are there related crimes?
There are three crimes related to kidnapping for ransom/to commit a crime. These are:
- kidnapping – PC 207;
- kidnapping of a minor child under the age of 14; and,
- kidnapping during the commission of the offense of carjacking – PC 209.5
4.1. Kidnapping – PC 207
Kidnapping is a crime in California per Penal Code 207 PC.
As stated above, “kidnapping” is moving a victim a substantial distance, using force or fear to do so.
A person violates Penal Code 207 when he:
- moves another person
- a substantial distance
- without that person’s consent
- by using force or fear.7
“Force or fear” means that a defendant:
- inflicted physical force upon the alleged victim, or
- threatened to inflict imminent physical harm.
“Simple” kidnapping is a felony, subjecting a person to a prison sentence of up to 8 years.8 It does not matter if the victim is held in a “safe place” and was uninjured. Aggravated kidnapping…also a felony…carries a sentence of five years to life, depending on the facts of the case.
4.2. Kidnapping of a minor child under the age of 14 – PC 208
Kidnapping a child under the age of 14 is a crime per California Penal Code 208b PC.
A prosecutor must prove four elements in order to successfully convict a defendant under PC 208. These are:
- the alleged kidnapper moved a minor under the age of 14,
- a substantial distance,
- without the minor’s consent,
- by using force or fear.9
As with simple kidnapping, “force or fear” means that a defendant either:
- inflicted physical force upon the alleged victim, or
- threatened to inflict imminent physical harm upon the alleged victim.
Penal Code 208 does not apply to the following parties:
- a biological parent,
- a child’s adopted parents, and
- a court-appointed guardian.
A violation of PC 208 is charged as a felony. The crime is punishable by:
- imprisonment in the California State Prison for 5, 8, or 11 years; and,
- a possible maximum fine of $10,000.10
4.3. Kidnapping during the commission of a carjacking – PC 209.5
Penal Code 209.5 PC makes it a crime for a person to kidnap another person during the commission of a carjacking.
A party violates Penal Code 209.5 PC when that party:
- moves the victim beyond what is merely incidental to the carjacking,
- moves the victim a substantial distance from the area of the carjacking, and
- the movement of the victim increases the risk of harm over and above that necessary to commit the carjacking.11
A kidnapping conviction for violating Penal Code 209.5 PC subjects the offender to life in prison with the possibility of parole.12
For additional help…
If you or someone you know has been accused of a crime under California Penal Code 209, our experienced criminal defense attorneys invite you to contact us for legal advice. We provide legal help throughout the state.
See our related articles on false imprisonment, sexual assault, assault with a deadly weapon/dangerous weapon, aggravated battery causing serious bodily injury, aggravated assault, domestic violence, being armed in commission of a felony, deadly force in self-defense, and aggravating factors in first degree murder cases.
(For accusations or charges of kidnapping in Nevada, please see our article on Nevada Kidnapping Laws (NRS 200.310)). And, for accusations or charges of kidnapping in Colorado, please see our article on Colorado Kidnapping Laws (18-3-301 & 18-3-302 C.R.S.)).
Legal References:
- California Penal Code 209 subsection (a) PC. See CALCRIM 1202. People v. Ibrahim (1993) 19 Cal.App.4th 1692. People v. Serrano (1992) 11 Cal.App.4th 1672. People v. Hill (1983) 141 Cal.App.3d 661. People v. Harper (2020) 44 Cal.App.5th 172. People v. Stringer (2019) 41 Cal.App.5th 974. People v. Mayfield (1997) 14 Cal.4th 668. People v. Norris (1985) 40 Cal.3d 51. People v. Ordonez (1991) 226 Cal.App.3d 1207. People v. Schoenfeld (1980) 111 Cal.App.3d 671. People v. Monk (1961) 56 Cal.2d 288. People v. Reed (1969) 270 Cal.App.2d 37. People v. Ryan (1999) 76 Cal.App.4th 1304.
- California Penal Code 209(b) PC. See CALCRIM 1203. People v. Robertson (2012) 208 Cal. App. 4th 965. People v. Vines (2011) 51 Cal.4th 830. People v. Martinez (1999) 20 Cal.4th 225. People v. Rayford (1994) 9 Cal.4th 1. People v. Daniels (1969) 71 Cal.2d. 1119. People v. Tribble (1971) 4 Cal.3d 826. People v. Bailey (1974) 38 Cal.App.3d 693. People v. Thornton (1974) 11 Cal.3d 738. People v. Laursen (1972) 8 Cal.3d 192. People v. Martinez (1984) 150 Cal.App.3d 579. People v. Jones (1997) 58 Cal.App.4th 693. In re Michele D. (2002) 29 Cal.4th 600. People v. Oliver (1961) 55 Cal.2d 761. See also People v. Nguyen (2000) 22 Cal.4th 872.
- California Penal Code 207 PC. See also re. consent: People v. Davis (1995) 10 Cal.4th 463; People v. Sedeno (1974) 10 Cal.3d 703; People v. Camden (1976) 16 Cal.3d 808; People v. Greenberger (1997) 58 Cal.App.4th 298; People v. Isitt (1976) 55 Cal.App.3d 23.
- California Penal Code 209(a) PC.
- California Penal Code 209(b) PC.
- California Penal Code 209(c) PC.
- California Penal Code 207 PC. People v. Jackson (1998) 66 Cal.App.4th 182. See also: People v. Magana (1991) 230 Cal.App.3d 1117; People v. Gibbs (1970) 12 Cal.App.3d 526; People v. Shadden (2001) 93 Cal.App.4th 164; People v. Fontenot (2019) 8 Cal.5th 57. People v. Chacon (1995) 37 Cal.App.4th 52. People v. Eid (2014) 59 Cal.4th 650. People v. Macinnes (1973) 30 Cal.App.3d 838. People v. Bigelow (1984) 37 Cal.3d 731.
- California Penal Code 208(a) PC. (Unlike the Utah and Texas Penal Codes, the California Penal Code does not divide felonies into first degree felonies and second degree felonies.)
- California Penal Code 208 PC.
- See same.
- California Penal Code 209.5 PC.
- See same.