Simple kidnapping is defined in Penal Code section 207. In order to prove that a kidnapping took place, the prosecution needs to prove that:
- The defendant unlawfully moved a person by use of force or by any other means instilling fear.
- The defendant moved the victim without his or her consent.
- The defendant moved the victim for a substantial distance, that is, a distance more than slight or trivial.
Simple kidnapping is punishable by 3, 5, or 8 years in state prison. Kidnapping is a violent felony, so a person convicted of kidnapping would not be eligible for half time credits in prison and any state prison time would have to be served at 85%.
Kidnapping a child under 14 years old is punishable by 5, 8, or 11 years in state prison.
Kidnapping for ransom or extortion is punishable by 7 years to life in state prison.
Kidnapping for ransom or extortion which results in bodily injury is punishable by life in prison without the possibility of parole.
Contact an Experienced Attorney
If you’ve been charged with kidnapping, contact Amy Chapman today at (707) 636-3207 or fill out the contact form to the right.