PC 209 – Aggravated Kidnapping – California Law & Penalties

California Penal Code § 209 PC prohibits aggravated kidnapping, which is kidnapping someone

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 you can raise if accused of the crime of kidnapping under Penal Code 209. These include showing that you were:

• not guilty of kidnapping;
• coerced into a confession; and/or,
• were 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 aggravated kidnapping?
• 2. Defenses
• 3. Penalties
• 4. Related Crimes
• Additional Reading

1. What is aggravated kidnapping?

There are two types of aggravated kidnapping under California Penal Code 209.

Firstly, PC 209(a) makes it a crime to kidnap another party “for ransom, reward or to commit extortion or to exact from another person any money or valuable thing.”¹ For prosecutors to convict you, they have to prove beyond a reasonable doubt these elements of the jury instructions:

1. You abducted or confined a person;
2. You held or detained them (or intended to);
3. You did so for ransom, to commit extortion, or to get something of value from someone else;
4. The person did not consent; and
5. You knew the person did not consent.

Secondly, PC 209(b) makes it a crime to kidnap for the purpose of committing other serious crimes.² For prosecutors to convict you, they have to prove beyond a reasonable doubt these elements of the jury instructions:

1. You intended to commit robbery, rape, oral copulation, sodomy, or sexual penetration [or other crime specified in the statute];
2. You intentionally took or detained someone through force or fear;
3. You used that force of fear to move the person a substantial distance;
4. The distance was more than what would be incidental to commit the serious crime;
5. You already intended to commit the serious crime when the movement began;
6. The person did not consent; and
7. You knew the person did not consent.

Aggravated kidnapping is a more serious charge than ordinary (“simple”) kidnapping, which is the act of moving a victim a substantial distance through force or fear and without consent.³ “Force or fear” means that you either:

• inflicted physical force upon the alleged victim, or
• threatened to inflict imminent physical harm upon the alleged victim.

2. Defenses

A good defense can often get an aggravated kidnapping charge reduced or even dismissed. Please note, though, that it is critical to hire an attorney to get the most effective defense.

If you are accused under PC 209, you can challenge the accusation by raising the following legal defenses.

You Were Innocent of Kidnapping

Penal Code 209 makes it a crime to kidnap another party for ransom or to commit a crime. This means you cannot get convicted under the code section if you are innocent of the underlying offense of kidnapping itself. You can try to show that you are not guilty by proving that you did not commit any of the following elements of the jury instructions for kidnapping:

• move an alleged victim,
• a substantial distance,
• using force or fear to do so.

Perhaps you were falsely accused by a third person or were wrongly picked out of a lineup. Common evidence in these cases includes recorded communications by the accuser, surveillance video, GPS records, and eyewitness testimony.

Your Confession Was Coerced

This defense applies to the situation where you were charged under PC 209 following a confession.

California law states that police may not use overbearing measures to coerce a confession.

If you can show that the police coerced you into a confession, then:

1. The judge may exclude the confession from evidence; or,
2. The case could get dropped altogether if you got pressured into confessing to a crime you did not commit.

There Was No Probable Cause

This line of defense tries to exclude evidence that is being used against you for a PC 209 violation.

If you were 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 you. “Probable cause” essentially means that there is a reasonable belief that you committed a crime (based on all of the circumstances).

3. Penalties

This chart shows the sentencing ranges for kidnapping in California.

Kidnapping	California Felony Penalties
Simple Kidnapping – PC 207	3, 5, or 8 years in prison and up to $10,000
Aggravated Kidnapping: of a victim under 14 years old – PC 208(b)	5, 8, or 11 years in prison and up to $10,000
Aggravated Kidnapping: to commit a crime – PC 209(b)	Life with the possibility of parole
Aggravated Kidnapping: for ransom – PC 209(a)	Life with the possibility of parole
Aggravated Kidnapping: for ransom, and the victim suffers death or bodily harm – PC 209(a)	Life without the possibility of parole
Kidnapping in the Commission of a Carjacking – PC 209.5	Life with the possibility of parole

If you are guilty under either Penal Code 209(a) or 209(b), and felony probation is granted, Penal Code 209(c) says that you must typically serve 12 months in the county jail as a condition of the probation.⁴

4. Related Crimes

There are three crimes related to kidnapping for ransom/to commit a crime. These are:

1. kidnapping – PC 207;
2. kidnapping of a minor child under the age of 14; and,
3. kidnapping during the commission of the offense of carjacking – PC 209.5

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.

You violate Penal Code 207 when you:

• move another person
• a substantial distance
• without that person’s consent
• by using force or fear.

“Force or fear” means that you:

• inflicted physical force upon the alleged victim, or
• threatened to inflict imminent physical harm.

It does not matter if the victim is held in a “safe place” and was uninjured.

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 convict you under PC 208. These are:

1. you moved a minor under the age of 14,
2. a substantial distance,
3. without the minor’s consent,
4. by using force or fear.

As with simple kidnapping, “force or fear” means that you 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.

Kidnapping During the Commission of a Carjacking – PC 209.5

Penal Code 209.5 PC makes it a crime to kidnap another person during the commission of a carjacking.

You violate Penal Code 209.5 PC when:

1. you move the victim beyond what is merely incidental to the carjacking,
2. you move the victim a substantial distance from the area of the carjacking, and
3. the movement of the victim increases the risk of harm over and above that necessary to commit the carjacking.

Additional Reading

For more in-depth information, refer to these scholarly articles:

• Kidnapping and the Element of Asportation – California Law Review.
• The International Parental Kidnapping Crime Act of 1993: The United States’ Attempt to Get Our Children Back–How is it Working – Brooklyn Journal of International Law.
• Criminal Law – Kidnapping – Asportation or Carrying Away Is a Necessary Element of the Offense of Kidnapping – St. Mary’s Law Journal.
• Aspects of Merger in the Law of Kidnapping – Cornell Law Review.
• Regulating Intrastate Crime: How the Federal Kidnapping Act Blurs the Distinction between What Is Truly National and What Is Truly Local – Washington and Lee Law Review.

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