Sec 209.5 of the California Penal Code punishes the commission of kidnapping during the course of carjacking. This crime is essentially moving another person without the person’s consent through the use of force or fear upon the victim or the immediate family. This is a form of aggravated kidnapping, where the victim’s movement is incidental to carjacking a substantial distance and such movement increases the risk of harm over what is necessary to commit carjacking.
During the trial, the jury can opt to convict the individual to lesser criminal offenses such as attempted carjacking and/or attempted kidnapping. For these lesser crimes, the accused stands to face four years in state prison for the attempted kidnapping charge while the accused stands to face four and half years for the attempted carjacking.
Since this is considered as a violent felony, the accused may stand to spend the rest of their lives with the possibility of parole. The conviction would also be counted as a strike under the purview of the Three Strikes Law in California. As a strike offense, one needs to serve 85% of the imposed sentence before being eligible for parole.
Other imposable penalties would be for particular circumstances. This would be Sec 186.22 of the California Penal Code as a criminal street gang enhancement in the commission of the crime. Another applicable law would be Sec 12022.53 of the California Penal Code or the “10-20 life, use a gun and you’re done”.
The commission of the crime of kidnapping is a serious matter in California. Should you be or know anyone facing any of these charges, do reach out to the lawyers at the Law Offices of Ramiro J. Lluis for a free consultation today.
