A common belief is that if an alleged victim returns home safely, any potential kidnapping charges will simply disappear. This is a dangerous misconception.
In California, the crime of kidnapping is completed the moment a person is moved a substantial distance through the use of force or fear. The subsequent actions of the alleged victim, including their voluntary return, do not erase the criminal act that has already occurred.
The decision to file or drop charges rests solely with the prosecutor, not the alleged victim. The legal system views kidnapping as a crime against the state, not just an individual.
Therefore, even if the person who was moved wishes to “drop the charges,” they do not have the legal authority to do so. The prosecutor will evaluate the evidence, including the initial act of moving the person, to decide how to proceed. Speaking with an experienced San Diego kidnapping lawyer can help you understand your rights, possible defenses, and the steps you should take to protect your future.
Defining Simple Kidnapping: Penal Code 207
The foundation of California’s kidnapping law focuses entirely on the act of illegally moving a person. To secure a conviction, a prosecutor must prove three specific elements beyond a reasonable doubt.
- Moving a person: The defendant must have moved another person.
- A substantial distance: The movement must be for a “substantial distance.” This is not a fixed measurement; the specific facts of the case determine it.
- Without consent using force or fear: The movement must be accomplished without the person’s permission. This lack of consent must be achieved through the use of “force or fear.” Force involves physical power, while fear involves the threat of physical harm to the person or their family.
The law’s definition hinges on the combination of movement and coercion, making the context and circumstances of the alleged event the central focus of any legal inquiry.
Aggravated Kidnapping: When Penalties Increase Sharply
Aggravated kidnapping occurs when the act of kidnapping is committed with a specific unlawful intent or results in a specific outcome. The defendant’s motivation behind the movement is what transforms the charge from a serious felony into one of the most heavily penalized crimes in the state.
- Kidnapping for ransom or reward: This involves moving or holding a person with the intent to demand money or something else of value for their release.
- Kidnapping to commit robbery or a sex crime: If a person is moved against their will to facilitate another serious felony, such as robbery or rape, the charge becomes aggravated kidnapping. For example, forcing someone from a street in North Park into a vehicle to steal their belongings is aggravated kidnapping.
- Kidnapping that causes serious bodily harm or death: If the victim suffers serious injury or dies during the kidnapping, the penalties are significantly enhanced.
The presence of these specific factors changes the legal landscape entirely, shifting the focus from the act of movement to the defendant’s ultimate purpose or the tragic result of their actions.
Building a Defense Against Kidnapping Allegations
Every aspect of the accusation, from the nature of the movement to the alleged victim’s state of mind, will be scrutinized. Factual disputes and legal interpretations are at the heart of defending these cases.
The goal is to show that the state cannot prove every element of the crime beyond a reasonable doubt.
- Consent: The most direct defense is proving the alleged victim consented to go with the defendant. If the movement was voluntary, there was no kidnapping. This often involves examining text messages, witness statements, and the prior relationship between the parties.
- Insufficient movement: The defense may argue that the distance the person was moved was not “substantial” under the law.
- Lack of force or fear: A defense can be built by showing that no force was used and that the alleged victim had no reasonable basis to be afraid. This challenges the core coercive element of the charge.
A successful defense rests on demonstrating that the story presented by the prosecution does not align with the strict requirements defined by the law.
Forging a Path Forward When Your Future Is at Stake
An accusation of this magnitude demands a serious and immediate response. A dedicated legal team can dissect the evidence, protect your constitutional rights, and work to present the facts in a light that serves your best interests.
If you or someone you know is under investigation or has been charged with kidnapping, taking swift action is vital. Contact the attorneys at Elite Criminal Defense today at (619) 642-2871 or reach out through our contact page to discuss your case.
Frequently Asked Questions
False imprisonment (Penal Code 236) is the unlawful violation of the personal liberty of another. It involves restraining or confining a person without their consent.
Yes. This is often called “parental kidnapping” or “child abduction” (Penal Code 278.5
A conviction for simple kidnapping under Penal Code 207 is a felony punishable by three, five, or eight years in state prison.
For aggravated kidnapping under Penal Code 209, the penalties are much harsher, often resulting in a sentence of life in prison, with or without the possibility of parole, depending on the circumstances.
A prosecutor proves “force” with evidence of physical actions, such as grabbing, hitting, or physically restraining someone. “Fear” is proven by showing the defendant made threats of harm, brandished a weapon, or acted in a way that would make a reasonable person afraid for their safety or the safety of their family. The victim’s testimony is often the primary evidence.
It might. If a person enters a vehicle voluntarily but is then driven to a location against their will and prevented from leaving, the kidnapping begins at the moment their consent ends and they are restrained by force or fear.
The initial consent does not grant permission for a subsequent unlawful confinement and movement.
