Kidnapping

Kidnapping is a serious crime involving the unlawful abduction or restraint of a person against their will. It can occur to individuals of any age and is not limited to children. While cases involving child abductions receive more media attention due to their vulnerability, kidnappings can affect people of all ages. Additionally, motives for kidnapping vary. They include financial gain through ransom demands, personal vendettas, human trafficking, or other criminal activities.

Contact the California Criminal Lawyer Group immediately if you are under investigation for kidnapping or facing charges in Fresno. Kidnapping charges are severe and can lead to significant penalties. Legal representation is crucial to safeguarding your rights and ensuring a fair legal process.

Kidnapping as Outlined Under Penal Code 207

Simple kidnapping, as outlined in California Penal Code Section 207(a), involves forcibly taking, detaining, or arresting a person against their will and carrying them across jurisdictional boundaries, like into another country, state, or county.

Prosecutors usually have to establish several key elements to secure a conviction. They must prove:

• You unlawfully took, seized, or detained another person. In other words, the victim did not willingly accompany you.
• The victim did not consent to the act or could not give valid consent due to force, fear, or intimidation.
• You used force, intimidation, or threats to carry out the kidnapping. This force can be either physical or psychological.
• You transported the victim over a substantial distance.

1. Moving a Victim Through a Distance

Moving the victim must go beyond a slight or minimal shift in location. Instead, it typically involves forcibly carrying or transporting the victim a noticeable distance against their will. This specific element is critical to establishing a kidnapping charge.

The determination of whether this movement is deemed "substantial" hinges on a variety of factors. These factors include:

• The distance covered — As previously mentioned, the distance the victim is moved is a significant factor in this assessment. While a longer distance is more likely to be considered substantial, it is not the only determining factor.

• Increased risk of harm — If the movement elevates the risk of injury to the alleged victim, it becomes a crucial consideration. For example, when the victim is relocated from a public, crowded area to a secluded and potentially hazardous location, this could be seen as a substantial move.

• Decreased likelihood of being caught — Another pivotal factor is whether the movement reduces the possibility of the perpetrator being apprehended or the victim being rescued. For example, if the victim is taken to a location where assistance or escape is less likely, this can be a relevant aspect of the determination.

There is no fixed, standardized numerical distance for determining whether a kidnapping case's covered distance is substantial. Instead, this assessment is made on a case-by-case basis, considering the unique circumstances of each situation.

2. Lack of the Victim’s Consent

Lack of consent indicates that the victim did not willingly or knowingly agree to be moved through a distance. Instead, the victim's actions or circumstances occurred against their will, without their agreement or approval.

In the case of minors, who are generally considered unable to provide legal consent due to their age, the law acknowledges their lack of capacity to consent. Kidnapping a child, especially intending to commit other crimes, is a grave offense.

Similarly, individuals with mental incapacities who cannot comprehend the nature of the situation are recognized as lacking the legal capacity to consent. Kidnapping these individuals is also considered a grave crime.

3. Fear, Force, or Fraud

Kidnapping can be achieved through fear, force, or fraud.

Kidnapping by fear entails instilling fear or intimidation in the victim to coerce their compliance. This fear can manifest psychologically or emotionally, often through threats, coercion, or psychological manipulation.

Conversely, kidnapping by force involves physically overpowering the victim to control and move them against their will. It typically includes using physical violence, restraints, or any means to prevent the victim from escaping.

In cases involving the kidnapping of unresisting infants or children, the legal standard often requires only the minimal physical force necessary to take and carry the child away. It recognizes the vulnerability of children and infants. They lack the physical capacity to resist due to age and developmental stage.

Fraudulent consent is legally void. It lacks the qualities of genuine consent, which, according to the law, must be voluntary and fully understood. When an individual is misled into consenting through deceit, particularly in cases involving being moved through a distance, it is classified as fraudulent consent. This consent is inauthentic and driven by deception or fraud.

Consent entails a voluntary, ongoing agreement for a specific action or situation. If someone initially agrees to relocate but later retracts the permission, you must respect that decision. Continued attempts to move them without consent could result in potential kidnapping charges.

Furthermore, when movement relies solely on fraudulent means without force or fear, it often does not meet the criteria for standard kidnapping. Fraud becomes a factor in aggravated circumstances, including cases where:

• Moving someone out of state for slavery, involuntary servitude.
• Kidnapping is linked to intent to commit lewd acts with a minor under 14, a violation of Penal Code 288, or
• Kidnapping in another state and bringing the individual into this state under fraudulent circumstances.

Kidnapping for Ransom

In cases involving kidnapping for ransom, prosecutors are typically tasked with proving the following elements:

• You kidnapped, seized, or abducted another person.
• You held or intended to hold that person against their will.
• This action aimed to secure ransom, reward, commit extortion, or obtain money or valuable items.

The victim did not consent to being kidnapped, abducted, or seized. Kidnapping for ransom is a violation of Penal Code 209(a).

Kidnapping With the Intention of Robing, Raping, or Committing a Sexual Offense Against the Victim

Under Penal Code Section 209(b)(1), it is an offense to kidnap or carry away someone intending to commit specific crimes. These offenses include acts such as:

• Robbery.
• Rape.
• Oral copulation
  Sodomy, or
• Other violations defined by law.

A jury will find you guilty of a PC 209(b)(1) violation if the prosecution substantiates the following:

• You intended to commit robbery, rape, or another sex offense.
• You used force or instilling reasonable fear in another person to take, hold, or detain the victim.
• You moved the other person or made them move a substantial distance through force or fear.
• You ensured that the movement extended beyond what is merely incidental to the commission of robbery, rape, or another sex offense.
• At the commencement of the movement, you already harbored the intention to commit robbery, rape, or a sexual offense.
• The other person did not consent to the movement.

Kidnapping While Involved in a Carjacking Incident

Kidnapping charges can be instituted when an individual carjacks another person. Carjacking, which involves the theft of a vehicle through force or fear, can lead to kidnapping charges under Penal Code Section 209.5. However, you likely face these charges if, during the carjacking, you also kidnapped the victim with the intent to facilitate the carjacking.

There are two specific scenarios where kidnapping charges can apply during carjacking:

• If, during the carjacking, you kidnap another person who is not a principal in the carjacking with the intent to facilitate the carjacking.

• When the victim's movement extends beyond what is merely incidental to the carjacking, it has to involve transporting the victim through a substantial distance from the carjacking location. Additionally, this movement should escalate the risk of harm to the victim beyond what is inherent in carjacking.

Common Defenses In Kidnapping Cases

As challenging as the kidnapping charges are, you can challenge them through several defense strategies. The choice of the ideal defense approach depends on the facts of your case. Some of the common defenses include the following:

1. The Victim Consented

In a kidnapping case, you can assert that the victim consented to the movement. However, this defense relies on meeting specific criteria to establish the validity of the alleged victim's consent:

• Freely and voluntarily agreed — The victim's agreement to go with you or be moved should have been freely given. It should be without any form of coercion, force, or duress. It must not have resulted from manipulation or intimidation.

• Awareness of the movement — The victim must have been fully aware of the nature and consequences of the movement. Their consent could not be considered legally valid if they were misled or unaware of the situation.

• Sufficient maturity and understanding — The victim should have the mental capacity and maturity to make an informed choice regarding the movement. This aspect becomes particularly crucial when dealing with minors or individuals with mental incapacities. If the victim cannot comprehend the situation, their consent will not be recognized in the eyes of the law.

In certain situations, even if the alleged victim did not overtly consent to the kidnapping, your defense attorney could argue that you had a valid defense rooted in a good-faith belief that the alleged victim had agreed to the movement. This defense hinges on asserting that your belief in the victim's consent was sincere and reasonable.

For this defense to be effectively established, several critical elements must be taken into account:

• Good faith belief — You must demonstrate that your belief in the victim's consent was genuinely in good faith. You must prove that you believed the other person willingly agreed to accompany you or move.

• Reasonable belief — Your belief should also be reasonable within the given circumstances. It must be justifiable based on the available information and the context you were in during the alleged kidnapping.

• Actual belief — You must provide evidence to support the claim that you genuinely held this belief at the time of the incident. A mere assertion of good faith is insufficient. Substantiating your actual belief is critical to the defense's success.

2. The Movement Was Not Substantial

This defense strategy centers around arguing that the alleged actions do not meet the legal requirements for kidnapping. This hinges on the belief that the actions, particularly the victim's movement, were not substantial enough to warrant a kidnapping charge. In simpler terms, it is contended that these actions fall short of the legal criteria for kidnapping because the distance involved was minimal or trivial.

When presenting this defense, various factors are considered. These include the actual distance the victim was moved, the circumstances surrounding the movement, and whether this movement increased the risk of harm to the victim. The core objective is to prove that the alleged actions fail to meet the legal standards for a kidnapping offense. It argues that the crucial elements necessary for a kidnapping charge are lacking.

To sum it up, this defense suggests that if the victim's movement covered a minimal or trivial distance and did not expose the victim to any additional risk beyond the initial situation, it does not meet the criteria for a kidnapping offense. Consequently, the defense aims to demonstrate that the charges should be reevaluated or reduced.

3. You Were Mistakenly Identified as the Offender

Mistaken identifications can occur due to various factors, including:

• Poor witness memory — Witness memory is not infallible, and they could forget or misremember details.

• Stress and trauma — Kidnapping is a highly traumatic event. It can affect witnesses' ability to recall events accurately.

• External influences — Misleading information from law enforcement, suggestive lineups, or media reports can lead to inaccurate identifications.

• Cross-racial identification — People often struggle to identify individuals of a different racial background accurately.

• Weapon focus — If a weapon or other threatening object was involved in the kidnapping, witnesses may focus on that rather than the perpetrator's face.

• Disguises or poor lighting — Kidnappers could use masks or commit the act in low-light conditions, making identification challenging.

• Post-event suggestion — Suggestions from law enforcement or others can unintentionally lead witnesses to identify a particular individual.

• Memory bias — Memories can be influenced by subsequent experiences or information, leading to distortion.

In a kidnapping case, you can assert the mistaken identity defense. Under this defense, you will assert that the victim or witnesses have incorrectly identified you as the person responsible for the alleged kidnapping. To construct a solid mistaken identity defense, you need to consider the following elements:

• You should provide evidence that proves you were at a different location at the time of the alleged kidnapping. This demonstrates that you could not have been the perpetrator.
• Argue that the descriptions provided by the victim or witnesses were too vague or inconsistent to identify you as the kidnapper.
• Emphasize the unreliability of eyewitness accounts, highlighting discrepancies or inaccuracies in the identifications made by the witnesses.
• Your defense attorney will aggressively cross-examine the prosecution's witnesses to uncover inconsistencies, prejudices, or uncertainties in their testimonies.
• Present any available forensic evidence, for example, fingerprints, DNA, or surveillance footage, to challenge the accuracy of the identification.

Your attorney will investigate and challenge claims of mistaken identity by presenting evidence and engaging in cross-examination. The aim is to demonstrate that the elements required for a kidnapping conviction are not met due to inaccuracies in identification. The primary goal of the mistaken identity defense is to create reasonable doubt regarding your involvement in the crime. This could lead to an acquittal or a reduced charge.

4. You Were Merely Present But Were Not the Kidnapper

In a kidnapping case, the defense of being merely present at the scene can be employed to argue that you were not the kidnapper. This strategy acknowledges your presence during the alleged kidnapping but disputes your active involvement in the crime. To reinforce this defense, consider these elements:

• Stress that you did not directly partake in the kidnapping. You did not seize, confine, or move the victim.
• Assert that you had no prior knowledge or intent to commit the kidnapping. Your presence at the scene was unrelated to the kidnapping plan, and you were unaware of the criminal act.
• Gather witness testimonies or evidence that support your claim of non-involvement and lack of knowledge about the kidnapping. This evidence could include alibi witnesses or statements from others at the scene.
• If you can establish that your presence at the scene was coerced or involuntary, it can bolster your defense. For instance, if you were threatened or forcibly held against your will, it demonstrates your non-participatory role.

• Highlight your limited role at the scene, for example, being a bystander or observer, to further reinforce your defense.

Regarding the aiding and abetting defense, if your friend informed you in advance about their kidnapping plan and you willingly accompanied them, you could potentially be charged as an aider and abettor. Aiding and abetting involves being an accomplice to a crime and can lead to similar penalties as the actual perpetrator if the following criteria are met:

• You were aware of the perpetrator's illegal plan.
• You intentionally encouraged, facilitated, or supported the execution of the action plan.
• You either actively promoted or instigated the crime or failed to prevent it when you had a legal duty to do so. For example, if you were under a legal obligation to report the crime but did not, you could face aiding and abetting charges.

If convicted of aiding and abetting in a kidnapping case, you can potentially face the same legal consequences as the primary perpetrator of the crime.

Penalties for Kidnapping

In California, kidnapping is considered a continuing offense. It means that kidnapping is considered a single, ongoing crime as long as the victim remains unlawfully detained, even if you move them from one place to another. Consequently, you could face one kidnapping charge for the entire victim's unlawful detention. This is regardless of any relocations during that time.

The penalties vary depending on the circumstances of your case.

1. Simple Kidnapping

PC 207 addresses simple kidnapping. This offense is one without aggravating circumstances. The crime is a felony punishable by the following penalties:

• 3, 5, or 8 years in prison, and
• A fine of up to $10,000.

2. Kidnapping for Ransom

Under Section 208(b), if the kidnapping victim was under 14 years of age at the time of the crime, the penalties for kidnapping become more severe. You could face:

• A prison sentence of 5, 8, or 11 years.

However, this provision does not apply when a minor child is taken, detained, or concealed by:

• A biological parent.
• A natural father, as defined in Family Code Section 7611.
• An adoptive parent, or
• A person granted court-ordered access to the minor child.

Kidnapping an individual for ransom in violation of PC 209(a) is a felony. If the victim dies, suffers bodily harm, or is deliberately confined in a manner that significantly endangers their life, a conviction results in a life sentence without the chance of parole. In cases where no death or bodily harm occurs, the penalty is life imprisonment with the opportunity for parole.

3. Kidnapping to Commit Robbery, Rape, or Other Sex-Related Crimes

When you kidnap an individual to commit robbery, rape, oral copulation, sodomy, or certain specified violations in violation of PC 209(b)(1), a conviction results in the following penalties:

• A life prison sentence with the possibility of parole.

4. Kidnapping While Involved in a Carjacking Incident

Kidnapping another individual while involved in a carjacking incident is a felony. The offense is punishable by:

• Life imprisonment without the possibility of parole.

Additionally, convictions for kidnapping result in a strike on your record. If you have a prior serious or violent felony conviction in California, a kidnapping conviction can be a "strike" under California's Three Strikes Law. This law imposes more severe penalties on individuals with prior serious or violent felony convictions.

If you have a prior strike on your record and are convicted of a new felony, including kidnapping, the sentence for the new felony can be doubled. You will face an increased prison term. When you have two prior convictions for serious or violent felonies and are convicted of a new felony, the third strike, you will face a prison sentence of 25 years to life. It means you will be eligible for parole once you have served at least 25 years of your sentence.

Find a Criminal Defense Attorney Near Me

Contact the California Criminal Lawyer Group if you face kidnapping charges in Fresno. Our team of experienced attorneys is ready to represent you. Contact us at 559-712-8377 and let us assess your case and determine a winning strategy.