Kidnapping During the Commission of a Carjacking – Penal Code § 209.5

Description

Kidnapping During the Commission of a Carjacking is the act of kidnapping a person to facilitate the stealing of a car. Conditions of the offense includes that the defendant used force or fear or intimidation to move the victim a substantial distance. The punishment for using kidnapping as a means to an end (Carjacking) is considered Aggravated Kidnapping and is more serious than for simple Kidnapping, and does not require movement of a “”substantial”” distance. Examples of Kidnapping During the Commission of a Carjacking are moving the victim beyond the initial location of the carjacking or increasing harm to the victim by movement or holding a victim in a vehicle against their will.

What does the prosecutor have to prove?

1. Defendant kidnapped a person other than a principal in the commission of a carjacking.
2. The movement of Victim occurred during the commission of a carjacking.
3. The movement of Victim was without the victim’s consent.
4. The defendant moved the victim with the specific intent to facilitate the commission of the carjacking and acted with that specific intent when the movement of the victim commenced.
5. The victim was moved for a substantial distance from the vicinity of the carjacking.
6. The movement of Victim increased the risk of harm to the person over and above that necessarily present in the crime of carjacking itself. [PC 209.5(a)]

Punishment

Felony: 7years-Life

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?	No
Is this charge a strike?	Yes
Is this charge a “serious felony”	Yes
Is this charge a “violent felony”	Yes
Do I have to register as a sex offender if convicted?	No
Do I have to register as a drug offender if convicted?	No
Do I lose my right to own or possess a firearm if convicted?	Yes
Do I lose my right to vote if convicted?	Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted?	No
Am I eligible for PC § 1000 drug diversion if convicted?	No
Am I eligible for Prop. 36 drug diversion if convicted?	No
Am I required to give a DNA sample if convicted?	Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?	Yes
Is this charge considered a “aggravated felony” for immigration purposes?	No
Is this charge considered a “controlled substance violation” for immigration purposes?	No
Is this charge considered a “domestic violence” for immigration purposes?	No
Is this charge considered a “firearm conviction” for immigration purposes?	No