Difference Between Kidnapping and Human Trafficking in CA

Kidnapping and Human TraffickingAt the Griffin Law Office, APC, our San Diego criminal defense attorney knows that while it is not unheard of for individuals to be kidnapped and placed into human trafficking scenarios in the United States, the two acts are often mutually exclusive.

According to California laws, kidnapping refers to taking someone away illegally against their will, usually for ransom. Human trafficking refers to illegally trading a person for either exploitation or commercial gain.

Here, our San Diego County defense lawyer explains the difference between the two crimes, and how our law firm can help those who have been charged with kidnapping, human trafficking, or both.

What is Considered Kidnapping in California?

Under California Penal Code 207 PC, the crime of kidnapping is defined as moving another person a substantial distance, without the person’s consent, by means of force or fear.

Force or fear is defined as:

  • Threatening to inflict imminent physical harm.
  • Inflicting physical force upon the alleged victim.

Simple kidnapping is a felony punishable by up to eight years in state prison.

Aggravated kidnapping is defined as moving another person through the use of force, fear, or fraud when:

  • The victim is a child under 14 years of age.
  • The victim suffers serious bodily harm or death.
  • There is a ransom demand.
  • The kidnapping is part of a carjacking.

Aggravated kidnapping is a more serious charge, and a conviction may carry life in prison.

What is Considered Human Trafficking in California?

Under California Penal Code 236.1 PC, the crime of human trafficking in California is defined as:

  • Depriving someone of their personal liberty with the intent to obtain forced labor or services from them.
  • Depriving someone of their personal liberty with the intent to violate:
    California’s pimping and pandering laws.
    California’s child pornography laws.
    California laws against extortion and blackmail.
    California laws concerning commercial sexual activity and the sexual exploitation of children.

A deprivation or violation of someone’s personal liberty is a substantial and sustained restriction of their liberty through one of the following:

  • Coercion.
  • Duress, which may include a threat of force, violence, danger, hardship, or retribution.
  • Force or fear.
  • Fraud or deceit.
  • Menace, which may include a verbal or physical threat of harm).
  • Threat of injury to that person or someone else, under circumstances that make it reasonably likely that the person would believe that the threat would be carried out.
  • Violence

The legal penalties for human trafficking convictions in California range from five to 20 years in state prison — depending on the trafficking charge — a fine of up to $500,000, and sex offender registration, when applicable to the charges.

How Can the Griffin Law Office Help With Kidnapping or Human Trafficking Charges?

At the Griffin Law Office, our San Diego criminal defense attorney represents clients who have been charged with both state and federal crimes and customize our defense strategies to meet each client’s unique needs.

If you have been charged with kidnapping or human trafficking in California, your very freedom is at stake, and should never be left to chance.

We have managed over 1,000 criminal defense cases in San Diego County and have an extensive list of satisfied clients. We take cases to trial when necessary and we litigate every issue. The key to winning both state and federal criminal defense cases is to leave no stone unturned and to explore every option. That is what we provide.

Contact our Skilled San Diego Criminal Defense Attorney Today

If you have been arrested for state or federal kidnapping or human trafficking crimes in California, contact our skilled San Diego criminal defense attorney today to learn more about your legal rights and how we accomplish favorable outcomes for each of our client’s unique needs by calling 619-269-2131 to discuss the details of your case today.