Penal Code 209 PC - Aggravated Kidnapping in California
California Penal Code 209 PC defines the felony crime of aggravated kidnapping as one that is done for ransom or a reward or to commit another offense such as rape, gang rape, sodomy, oral copulation, lewd acts with a minor, or sexual penetration with a foreign object. A conviction carries a sentence of life in state prison.
Aggravated kidnapping is the more serious form of Penal Code 207 kidnapping. It sometimes involves forcibly moving someone against their will with the intent to commit further illegal sexual conduct such as rape or lewd acts with a minor.
This severe offense is distinct from PC 207 simple kidnapping due to its violent or sexual nature and significant bodily harm to the victim. Simply put, PC 209 aggravated kidnapping is often committed for ransom or a reward or to commit another crime such as sodomy, rape, or oral copulation.
Penal Code 209 PC says, “(a) A person who seizes, confines, inveigles, entices, decoys, abducts, conceals, kidnaps, or carries away another person by any means whatsoever with intent to hold or detain, or who holds or detains, that person for ransom, reward, or to commit extortion or to exact from another person any money or valuable thing, or a person who aids or abets any such act, is guilty of a felony.
When a person subject to that act suffers death or bodily harm or is intentionally confined in a manner that exposes that person to a substantial likelihood of death, the person, upon conviction, shall be punished by imprisonment in the state prison for life without the possibility of parole.
When no person subjected to that act suffers death or bodily harm, the person, upon conviction, shall be punished by imprisonment in the state prison for life with the possibility of parole.
(b)(1) A person who kidnaps or carries away an individual to commit robbery, rape, oral copulation, sodomy, or any violation of Section 264.1, 288, 289, or former Section 262, shall be punished by imprisonment in the state prison for life with the possibility of parole.
(2) This subdivision shall only apply if the victim's movement is beyond that merely incidental to the commission of and increases the risk of harm to the victim over and above that necessarily present in the intended underlying offense.
(c) When probation is granted, the court shall, except in unusual cases where a lesser penalty would best serve the interests of justice, require that the person be confined in the county jail for 12 months as a condition of the probation. If the court grants probation without requiring the defendant to be confined in the county jail for 12 months, it shall specify its reason for imposing a lesser penalty.
(d) Subdivision (b) does not supersede or affect Section 667.61. A person may be charged with violating subdivision (b) and Section 667.61. However, a person may not be punished under subdivisions (b) and Section 667.61 for the same act that violates both subdivisions (b) and Section 667.61.”
What is Aggravated Kidnapping?
Penal Code 209 PC aggravated kidnapping charges can be filed when a kidnapping offense involves an effort to extort ransom or to commit another crime, such as the following:
• Penal Code 261 PC rape. This is the use of force, threats, or fraud to have non-consensual sexual intercourse with another person.
• Penal Code 264.1 PC rape in concert. This is a gang rape where two or more people rape a woman using force, fear, or threats.
• Penal Code 287 PC oral copulation. This crime is defined as any contact between the mouth of one person with the penis, vagina, or anus of another.
• Penal Code 286 PC sodomy. This is the sexual conduct of contact between the penis of one person and the anus of another person (anal sex).
• Penal Code 288 PC lewd acts with a minor. This crime is defined as any touching of a child under the age of 14 when for sexual purposes.
• Penal Code 289 PC foreign object penetration. This crime means to engage in the forcible penetration of a victim's vagina or anus using a foreign object.
A crucial element of the crime that must be proven for a kidnapping charge includes the use of force or fear to move the victim and the lack of consent. “Force or fear” means you inflicted physical force on the victim or threatened to inflict imminent bodily harm.
When the district attorney considers the charge of PC 209 aggravated kidnapping, the crime's severity is escalated by a suspect's intent to commit additional offenses, such as a sex crime.
This is what makes aggravated kidnapping different from simple kidnapping, and it carries harsher penalties upon a conviction. Notably, however, PC 209(b)(2) says it will only apply if the victim's movement is beyond that merely incidental to the commission of it and it increases the risk of harm to the victim.
What Must be Proven for a PC 209 Conviction?
To convict someone of aggravated kidnapping under PC 209, the district attorney must prove all the elements of the crime beyond a reasonable doubt:
- You took someone a substantial distance.
- You did not have the victim's consent.
- You used force or fear to move them.
- You did commit the kidnapping (or attempted) to commit another serious or violent offense, such as robbery, rape, oral copulation, sodomy, etc.
- The movement of the victim substantially increased the risk of harm.
What is the PC 209 Penalties?
Suppose you are convicted of Penal Code 209 PC aggravated kidnapping for forced sex crimes. In that case, the felony carries the following harsh penalties:
- The default penalty is life imprisonment with the possibility of parole.
- If the victim suffers serious bodily harm or death, or you are convicted of kidnapping for ransom, you will face imprisonment in the state prison for life without the possibility of parole.
- If the judge grants formal felony probation, you must still serve one year in county jail as a condition of probation (Penal Code 209(c) PC). A judge can waive this requirement but must provide a detailed explanation.
What Are Related Laws?
Several California laws are related to Penal Code 209 PC aggravated kidnapping, including the following:
- Penal Code 207 PC kidnapping. The crime of kidnapping is defined as moving someone a substantial distance without the person's consent, using force or fear. This is “simple” kidnapping and a felony and carries up to eight years in state prison if convicted.
- Penal Code 209.5 PC kidnapping during a carjacking. This law makes it a crime to kidnap someone as part of the commission of a carjacking and is considered a form of aggravated kidnapping. It requires moving the victim beyond what is merely incidental to the carjacking.
- Penal Code 208(b) PC kidnapping a minor under 14. This law makes it a felony crime to kidnap a child under the age of 14 using force or fear and is also considered a form of aggravated kidnapping with harsh penalties.
- Penal Code 236 PC false imprisonment. This law makes it a crime to unlawfully restrain, detain, or confine someone against their will and can be charged as either a misdemeanor or felony.
- Penal Code 186.22 PC gang enhancement law. This is the primary statute that prohibits criminal street gang activity. Participating in a gang is a separate charge, while committing a crime for a gang's benefit increases the penalty for the underlying offense.
- 18 U.S.C. 1202 federal kidnapping law. This law makes it a federal offense to unlawfully seize, confine, decoy, kidnap, abduct, or carry away and hold for ransom or reward any person or when the person is willfully transported in interstate or foreign commerce across a state boundary.
What Are the PC 209 Defenses?
If you have been accused of a PC 209 aggravated kidnapping charge, our California sex crime lawyers may implement any of the following common defenses:
- Lack of intent,
- Lack of probable cause,
- Not a kidnapping,
- Coerced confession,
- Prefiling intervention.
Perhaps we can argue that there was a lack of Intent, or we can demonstrate that there was no intent to kidnap or commit another offense. Maybe we can show you didn't intend to move the victim a substantial distance or use the victim to commit another crime.
Maybe we can say that there was consent. Perhaps the alleged victim permitted the movement. If we can prove that the victim willingly went with you, we might be able to reduce or dismiss the case.
Maybe we can argue that there was no underlying crime and get the charge reduced to PC 207 simple kidnapping. Maybe we can say that you were under duress. Perhaps we can show that you kidnapped the victim because someone threatened you or your family with imminent harm.
Perhaps we can negotiate with the prosecutor before filing to avoid criminal charges (DA reject). Contact us for a free case review. The Hedding Law Firm is based in Los Angeles, CA.
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