Kidnapping Laws in California – Penal Code 207 PC

Simple & Aggravated Kidnapping Charges, Penalties, and Defenses

Kidnapping under California Penal Code 207 PC is a serious felony offense that involves moving another person a substantial distance against their will using force or fear.

Kidnapping Laws in California – Penal Code 207 PC

A conviction can result in years — or even life — in state prison. Because kidnapping is considered a violent felony and a strike offense under California's Three Strikes Law, the consequences are severe and long-lasting.

If you are under investigation or facing kidnapping charges, immediate legal representation is critical.

Your best hope for a favorable outcome is with a highly experienced criminal defense attorney at Eisner Gorin LLP.

To schedule a consultation, call (818) 781-1570 or contact us here.

What Is Kidnapping Under Penal Code 207?

Legal Definition of “Simple” Kidnapping

Under Penal Code 207(a), kidnapping occurs when someone:

Forcibly or by fear
Takes, holds, detains, or arrests another person
And moves them a substantial distance
Against their will

The key difference between kidnapping and false imprisonment (Penal Code 236) is movement. False imprisonment involves restraining someone in one place. Kidnapping requires moving the victim.

What Must Prosecutors Prove?

To convict under PC 207, the prosecution must prove beyond a reasonable doubt:

1️⃣ Movement

The victim was moved a substantial (non-trivial) distance.

2️⃣ Lack of Consent

The movement was against the victim's will.

3️⃣ Force or Fear

The movement was accomplished using physical force or threats of harm.

All three elements must be proven.

What Counts as “Substantial Movement”?

There is no fixed number of feet required.

Courts consider:

The actual distance moved
Whether the movement increased the danger to the victim
Whether it reduced the chance of detection
Whether it made escape more difficult

In some cases, as little as 30 feet has been considered sufficient depending on circumstances.

What Is Aggravated Kidnapping? (Penal Code 209)

Aggravated kidnapping under Penal Code 209 applies when:

The victim is under 14 years old
A ransom is demanded
The kidnapping occurs during robbery or extortion
The victim suffers serious bodily injury or death
The kidnapping occurs during carjacking

Aggravated kidnapping carries significantly harsher penalties.

Penalties for Kidnapping in California

Simple Kidnapping – PC 207

3, 5, or 8 years in state prison
Fine up to $10,000
Strike under Three Strikes Law

Aggravated Kidnapping – PC 209

5, 8, or 11 years (minor under 14)
Life with possibility of parole (if committed during robbery, rape, extortion, etc.)

A kidnapping conviction may also result in:

Strike offense consequences
Mandatory DNA registration
Enhanced sentencing exposure for future offenses

California's 10-20-life law, outlined in Penal Code § 12022.53, is among the harshest sentencing enhancements in the state. It significantly extends prison sentences if a firearm is used during the commission of specific serious felonies.

Related California Offenses

Kidnapping charges are often filed alongside:

Penal Code 236 – False Imprisonment
Penal Code 209.5 – Kidnapping During Carjacking
Penal Code 210 – Kidnapping for Extortion
Penal Code 278 – Child Abduction
Penal Code 278.5 – Deprivation of Custody

The correct charge depends heavily on the facts.

Common Defenses to Kidnapping Charges

Kidnapping allegations are fact-intensive and highly defensible.

No Substantial Movement

If the victim was not moved a significant distance, the charge may be reduced to false imprisonment.

Consent

If the alleged victim consented to movement.

No Force or Fear

If movement occurred without threats or physical coercion.

Insufficient Evidence

Prosecutors must prove all elements beyond a reasonable doubt.

Parental Rights

In custody disputes, a parent moving their child without intent to harm is not guilty of kidnapping, though other custody violations may apply.

Movement by Fraud

Except in cases involving minors or mentally incapacitated victims, movement by deception alone does not automatically qualify as kidnapping.

Frequently Asked Questions

What is the difference between kidnapping and false imprisonment?

Kidnapping requires moving the victim a substantial distance. False imprisonment does not.

How many years do you get for kidnapping in California?

Simple kidnapping carries 3 to 8 years. Aggravated kidnapping can carry life in prison.

Is kidnapping a strike in California?

Yes. Kidnapping is a strike under the Three Strikes Law.

What qualifies as substantial distance?

There is no set measurement; courts consider increased risk and the actual distance moved.

Can kidnapping charges be reduced?

Yes. If movement or force cannot be proven, charges may be reduced or dismissed.

Why Early Legal Intervention Matters

Kidnapping is one of the most aggressively prosecuted violent felonies in California.

Prosecutors often seek:

Maximum sentencing
Strike allegations
Additional enhancements

An experienced criminal defense attorney can:

Challenge the movement element
Attack witness credibility
Argue for reduced charges
Negotiate dismissal
Prepare aggressively for trial

Early pre-filing advocacy can sometimes prevent formal charges.

Speak With a California Kidnapping Defense Attorney

A kidnapping charge under Penal Code 207 or 209 is life-altering.

If you are being investigated or have been arrested, do not speak to law enforcement without an attorney.

Contact an experienced California criminal defense lawyer immediately to protect your rights, your freedom, and your future.

Eisner Gorin LLP is here to help. Schedule your consultation at (818) 781-1570 or contact us here. Our law firm is based in Los Angeles.

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