Kidnapping laws

The felony crime of kidnapping is generally defined as the taking of a person against their will, or from the control of a parent or guardian through violence, force, threat or intimidation. Kidnapping often involves other criminal offenses, such a ransom, carjacking, or robbery. If the victim is injured, the punishment for the kidnapping increases.

Kidnapping is defined in California as forcibly, or by any other means of instilling fear, stealing or taking any person. The distance that a person is moved must be substantial in order to constitute kidnapping. (The term "substantial" has not been defined.) If convicted for kidnapping, the punishment is imprisonment in the state prison for 3 to 8 years.

Kidnapping for ransom differs from kidnapping in that it is not essential that the person be carried away any distance at all. Instead, the prosecution must prove the following elements:

1. A person was ransomed.
2. The ransom of that person was done with the specific intent to hold or detain that person for ransom.

The punishment for a kidnapping for ransom varies. Where the victim does not suffer bodily harm or death, the punishment is life in prison with the possibility of parole. If the victim suffers death or serious bodily harm, the punishment is life in prison without the possibility of parole.

Kidnapping to commit robbery is punishable by life in prison with the possibility of parole. In order to prove this offense, the prosecutor must prove that there was a robbery and there was a kidnapping.

Kidnapping a child in relation to child custody matters applies whether the person has custody of the child in question or not. What is significant is who else had custody at the time of the kidnapping. A common situation is where two parents share custody, and one parent absconds with a child under the age of 18 a kidnapping has taken place.

California Penal Code Section 277 governs child abduction by a person with a custody right. The punishment is imprisonment in county jail or state prison and/or a fine up to $10,000.

If you or a loved one has been arrested for kidnapping, it is important to contact an experienced defense attorney immediately.