Sec 207 of the California Penal Code defines kidnapping is the use of force or coercion to physically take a person and move them. The statute penalizes this crime with jail time of eight years in state penitentiary.
When torture or abuse is committed during this illegal detention, then the penalty imposable is increased. If the victim of kidnapping is a child or if the said kidnapping facilitates another crime, then the penalty imposable is also increased.
The following are the elements of the crime of kidnapping:
• The accused detains, holds or takes another individual through the use of force or instillation of fear;
• The force or fear allowed the accused to control the victim and transport the victim at a distance;
• The victim did not consent to said detention and physical movement;
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.
