Kidnapping PC 207 (Penal Code 207)
Crime: Kidnapping
Code Section: Penal Code 207 (click here to view the statute)
Related CALCRIM: 1215, 1200-1204
PC 207(a) Brief Summary:
Penal Code 207(a) lays out the elements for simple kidnapping. Essentially, kidnapping occurs when the defendant take, holds, or detains another person by using force or by instilling reasonable fear and then moves the other person (or made the other person move) a substantial distance. Kidnapping applies to circumstances where someone unlawfully takes someone else to someplace else against their will. Kidnapping does not only apply to kids; adults can be kidnapped as well. Penal Code 209 addresses aggravated kidnapping. Aggravated kidnapping involves more serious conduct than simple kidnapping. Thus, aggravated kidnapping also has a much higher exposure than simple kidnapping. Both simple kidnapping and aggravated kidnapping are felony strike offenses.
PC 207(a) Elements:
To prove someone guilty of this crime, the government must prove:
- The defendant took, held, or detained another person by using force or by instilling reasonable fear;
- Using that force or fear, the defendant moved the other person [or made the other person move] a substantial distance;
- The other person did not consent to the movement.
PC 207(a) Punishment:
According to Penal Code 208, kidnapping is a felony punishable by three, five, or eight years in prison. In cases where a person has not been sentenced to prison, probation can be granted for this offense. Other fines, fees, and possible probation terms could be applied. If probation is granted, the defendant must serve at least a year in county jail unless the judge finds unusual circumstances to waive the one year county jail requirement. Kidnapping is a “strike” offense, meaning that a conviction can be used against you in the future to drastically increase your maximum exposure and potentially make you eligible for life in prison if you were convicted of a qualifying offense after having been previously convicted of two other prior strikes. “Strike” offenses can also be used against you in other ways.
PC 207 Lesser Included Offenses:
A lesser included offense is one that contains all of the elements of the charged offense, but for which the consequences are less severe. Typically, a conviction for a lesser included offense only occurs when there is no conviction for the more serious offense. The following is a potential lesser included offense for Penal Code 207(a):
- Penal Code 236-False Imprisonment
PC 207 Related Charges:
- Penal Code 136.1-Intimidating a Witness
- Penal Code 209-Aggravated Kidnapping
- Penal Code 236-False Imprisonment
- Penal Code 243(e)(1)-Domestic Battery
- Penal Code 245(a)(4)-Assault Likely to Produce GBI
- Penal Code 273.5(a)-Domestic Violence
- Penal Code 422-Criminal Threat
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