Kidnapping | Penal Code § 207

Description

Kidnapping is the act of moving another person a substantial distance against their will by fear or force. If another person is moved with a demand for ransom or the victim suffers serious bodily harm or death the offense is elevated to Aggravated Kidnapping, which may carry a lifetime prison sentence. Examples of Kidnapping include holding a gun to someone’s head demanding they provide a ride away from a crime scene or abducting another person by threat to them or a family member or taking a person to a location other than the stated or expected destination.

What does the prosecutor have to prove?

1. Defendant unlawfully moved a person by use of force or by any other means of instilling fear.
2. The defendant moved the victim without his or her consent.
3. Defendant moved Victim for a substantial distance, that is, a distance more than slight or trivial. [PC 207(a)]

Punishment

Felony: 3years/5years/8years
With probation 364-364 days

 

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?	May
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