Charged with Kidnapping (Penal Code 207 & 209) in California? Here’s What You Need to Know

Few charges carry the weight and stigma of kidnapping. Under California Penal Code 207 and 209, even an accusation—let alone a conviction—can upend your life, trigger lengthy prison sentences, and brand you with a violent felony. But not all kidnapping charges reflect what really happened.

From mistaken identity to false accusations to misunderstandings blown out of proportion, these cases demand a defense that’s fast, aggressive, and built to dismantle the prosecution’s narrative.

Here’s what you need to know about how California defines kidnapping, the penalties involved, and the defenses that could protect your future.

What Constitutes Kidnapping in California?

California Penal Code § 207 defines several forms of kidnapping:

Basic Kidnapping (PC § 207(a))

The most common form of kidnapping occurs when someone:

• Forcibly, or by instilling fear
• Takes, holds, detains, or arrests another person
• And moves them into another country, state, county, or another part of the same county

Contrary to popular belief, kidnapping doesn’t require:

• Taking someone across state lines
• Holding someone for ransom
• Using a weapon
• Keeping someone captive for a long period

The key elements are force or fear and movement of the victim from one place to another.

Child Kidnapping for Lewd Acts (PC § 207(b))

A person commits kidnapping when they:

• Hire, persuade, entice, decoy, or seduce by false promises or misrepresentations
• A child under 14 years old
• To go out of the country, state, county, or into another part of the same county
• For the purpose of committing lewd or lascivious acts (as defined in PC § 288)

This form of kidnapping doesn’t require force or fear—deception alone is sufficient.

Kidnapping for Slavery (PC § 207(c))

It’s also kidnapping when someone:

• Takes a person by force, fear, or deception
• With the intent to take them out of state
• For the purpose of selling them into slavery/involuntary servitude or employing them without consent

Out-of-State Kidnapping (PC § 207(d))

A person can be charged with kidnapping in California when they:

• While outside of California, abduct someone by force or fraud
• Bring that person into California
• And are later found within California

Force Required for Child Kidnapping (PC § 207(e))

The law clarifies that the amount of force required to kidnap an unresisting infant or child is simply “the amount of physical force required to take and carry the child away a substantial distance for an illegal purpose or with an illegal intent.”

Exceptions to Kidnapping Laws (PC § 207(f))

The law provides exceptions for:

• Taking a child under 14 to protect them from danger of imminent harm
• Citizen’s arrests or peace officer arrests under PC §§ 834 or 837

Simple Kidnapping vs. Aggravated Kidnapping: A Critical Distinction

As emphasized in the video, there’s a massive difference between simple kidnapping under PC § 207 and aggravated kidnapping under PC § 209.

Simple Kidnapping (PC § 207)

Simple kidnapping typically carries:

• Three, five, or eight years in state prison
• A strike under California’s Three Strikes law
• Formal probation (rarely granted)
• Restitution to the victim

Aggravated Kidnapping (PC § 209)

Aggravated kidnapping covers more serious scenarios including:

1. Kidnapping for ransom, reward, or extortion (PC § 209(a))
   • Life in prison with the possibility of parole
2. Kidnapping to commit robbery, rape, or other specified sex crimes (PC § 209(b))
   • Life in prison with the possibility of parole
   • Can trigger California’s “One Strike” sex offender law, resulting in 25 years to life even for first-time offenders
3. Kidnapping causing death or bodily harm (PC § 209(a))
   • Life in prison without the possibility of parole

The difference between facing eight years and facing life in prison makes understanding these distinctions absolutely crucial for anyone charged with kidnapping.

Real-World Examples of Kidnapping Charges

To understand how these laws apply in practice, consider these examples:

Example 1: Simple Kidnapping

A heated argument occurs between former partners. One person forces the other into their car and drives them 15 blocks away before letting them out, despite the victim’s repeated requests to stop and exit the vehicle. This could constitute simple kidnapping under PC § 207(a).

Example 2: Aggravated Kidnapping

A person forces someone into their car at gunpoint, drives them to an ATM, and demands they withdraw money. This would likely be charged as aggravated kidnapping for robbery under PC § 209(b).

Example 3: Child Kidnapping Without Force

An adult persuades a 12-year-old child to go with them to another location by promising video games or other incentives, with the intent to commit lewd acts. Even without force, this constitutes kidnapping under PC § 207(b).

Common Defenses to Kidnapping Charges

Despite the serious nature of kidnapping charges, several defense strategies may be effective:

Consent

If the alleged victim consented to go with you, a kidnapping charge cannot stand. However, consent must be freely given and cannot be obtained by fraud, fear, or force.

Lack of Movement or Insufficient Movement

For kidnapping, the movement must be substantial. If the movement was minimal or incidental to another crime, this may provide a defense against kidnapping charges.

Parental Rights

In many cases, parents with legal custody rights cannot be convicted of kidnapping their own children. However, exceptions exist, particularly in custody disputes where court orders are violated.

Protecting a Child from Harm

As specifically noted in PC § 207(f)(1), taking a child to protect them from imminent harm is not kidnapping.

False Accusations

In some cases, particularly those arising from domestic disputes or custody battles, false accusations of kidnapping may be made. Thorough investigation is crucial in these situations.

Lack of Force or Fear

For adult victims under PC § 207(a), the prosecution must prove force or fear was used. If the alleged victim went voluntarily, this element is missing.

The Most Critical Mistakes to Avoid When Facing Kidnapping Charges

As highlighted in the video, there are crucial mistakes to avoid if you’re facing kidnapping charges:

1. Talking to Law Enforcement Without an Attorney

One of the most damaging mistakes is speaking to police without legal representation. Even seemingly innocent statements like “Yes, I knew they wanted to get out of the car, but I didn’t let them out until 10 blocks later” can amount to a confession to kidnapping.

Your constitutional right to remain silent is your strongest protection during the initial investigation phase. Use it.

2. Hiring Inexperienced Legal Representation

Given the complexity of kidnapping laws and the severe potential sentences, working with an attorney who has specific experience with kidnapping cases in your jurisdiction is essential. The difference between simple and aggravated kidnapping charges can mean decades of additional incarceration.

3. Contacting the Alleged Victim

Attempting to contact, reconcile with, or influence the alleged victim can lead to additional charges like witness tampering or violation of protective orders.

4. Discussing Your Case with Anyone Other Than Your Attorney

Conversations with friends, family members, or cellmates are not privileged and can be used against you. Only communications with your attorney are protected by attorney-client privilege.

5. Posting About Your Case on Social Media

Any public statements about your case, including social media posts, can be used as evidence against you.

How David P. Shapiro Criminal Defense Attorneys Can Help

When facing kidnapping charges, the stakes couldn’t be higher. Our defense team offers:

• Strategic case evaluation: We thoroughly analyze the evidence to identify weaknesses in the prosecution’s case and determine whether your conduct meets all elements required for a kidnapping conviction
• Investigation resources: Our team works with investigators to gather evidence, locate witnesses, and build the strongest possible defense
• Negotiation experience: In some cases, we can negotiate to have charges reduced from aggravated kidnapping to simple kidnapping, or from kidnapping to lesser offenses like false imprisonment
• Motion practice: We file crucial pretrial motions that may result in evidence being excluded or charges being dismissed
• Skilled trial representation: When necessary, we provide aggressive courtroom advocacy focused on creating reasonable doubt

Our approach has helped many clients facing kidnapping charges achieve outcomes far better than initially seemed possible.

Next Steps If You’re Facing Kidnapping Charges

If you’ve been arrested or are under investigation for kidnapping:

1. Exercise your right to remain silent – As emphasized in the video, do not make statements to police without an attorney present
2. Contact an experienced criminal defense attorney immediately – The earlier legal representation begins, the more options may be available
3. Preserve evidence – Save any evidence that might help your case, including communications with the alleged victim, surveillance footage, or witness information
4. Follow all court orders – Comply with any protective orders, bail conditions, or other court requirements
5. Prepare for a lengthy process – Kidnapping cases can take months or even years to resolve

Your Freedom Is Worth Fighting For

If you or someone you love is facing criminal charges in California, swift action is imperative. The penalties can be life altering and long lasting. Give us a call today to set up a case evaluation with one of our attorneys and learn how to best protect your freedom and future.

Too often, we see clients who “wait and see,” unsure of the legal landscape ahead, only for charges to escalate. They then find themselves backpedaling into a bad defense and an even worse lawyer. Don’t let that happen to you. Protect your freedom. Protect your future. Know your rights.

The contents of this article and blog are meant for informational and marketing purposes only and do not constitute legal advice. Viewing and/or use of the blog does not form an attorney-client relationship. No statements in this post are a guarantee, warranty, or prediction of a particular result in your case.