California Penal Code §209.5 — Kidnapping During Carjacking
PC §209.5 punishes any person who, during the commission of a carjacking (§215), kidnaps another person. Where the movement was substantial and increased the risk of harm beyond that inherent in the carjacking, the sentence is life with the possibility of parole. Serious and violent felony strike.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Kidnapping During Carjacking Cases in All LA County Courts
01 — Quick Facts
PC §209.5 — Kidnapping During Carjacking at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §209.5 — Kidnapping During Commission of a Carjacking |
| Classification | Felony — Strike (Serious + Violent) |
| Sentence | Life with the possibility of parole |
| Strike | Yes — §1192.7(c)(20) and §667.5(c)(14) |
| 85% Rule | Yes — §2933.1 |
| Requires | §215 predicate carjacking + substantial-movement asportation + increased risk of harm |
| Firearm Enh. | §12022.53 stacks (10 / 20 / 25-to-life) |
| Free Consultation | (213) 723-2337 — Rubin Law, P.C. |
01 — What Is PC §209.5?
What Is California Penal Code §209.5?
PC §209.5 Reads:
"Any person who, during the commission of a carjacking and in order to facilitate the commission of the carjacking, kidnaps another person whose movement was beyond that merely incidental to the commission of the carjacking, and increases the risk of harm to the victim over and above that necessarily present in the carjacking, shall be punished by imprisonment in the state prison for life with the possibility of parole."
— California Penal Code §209.5(a)
§209.5 is the carjacking-specific aggravated-kidnapping statute. It supplements §209(b) by targeting the specific fact pattern of a carjacking that turns into a kidnapping — driver forced into the trunk or passenger seat while the car is driven away, or bystander taken along during the getaway. The statute mirrors the §209(b) asportation test with two required findings: (1) movement beyond mere incident, and (2) increased risk of harm.
§209.5 vs. §215 — Kidnap-Carjacking vs. Carjacking
§215 (carjacking) = taking a motor vehicle from a person by force or fear (3/5/9 years). §209.5 = a kidnapping that occurs during a §215 carjacking, with substantial movement and increased risk. §209.5 requires §215 as a predicate.
Why This Statute Matters
§209.5 turns a 3/5/9 carjacking exposure into a life sentence with 85% service. The pivotal defense fight is the asportation-plus-increased-risk test. Rubin Law, P.C. targets reduction to standalone §215 or dismissal under §995 where movement was slight.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §209.5
The prosecution must prove each element beyond a reasonable doubt.
Predicate Carjacking
A §215 carjacking was committed.
Kidnapping During
The defendant kidnapped another person during that carjacking.
Facilitation
The kidnapping was committed to facilitate the carjacking.
Beyond Merely Incidental
The movement went beyond that merely incidental to the carjacking.
Increased Risk of Harm
The movement increased the risk of harm above that inherent in the carjacking.
04 — Penalties
Penalties for PC §209.5 Kidnapping During Carjacking in California
§209.5 is a life offense.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| §209.5 — Kidnap During Carjacking | PC §209.5 | Life with the possibility of parole | No | Yes (S+V) |
| With §12022.53 Firearm | PC §12022.53 | +10 / 20 / 25-to-life | No | Yes |
| With §186.22(b) Gang | PC §186.22(b) | 15-year minimum parole eligibility | No | Yes |
Related Enhancements
PC §12022.53 — Firearm
PC §12022.53
10/20/25-to-life for personal-use firearm during the offense.
PC §186.22(b) — Gang
PC §186.22(b)
15-year minimum parole eligibility.
PC §667.9 — Vulnerable Victim
PC §667.9
+1 or +2 years where victim is 65+, blind, disabled, or under 14.
Collateral Consequences
- 85% service under §2933.1
- Lifetime firearm ban
- Aggravated felony + crime of violence for immigration
- Strike prior — future offenses doubled or 25-to-life
- Restitution to carjacking + kidnapping victims
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §209.5 Kidnapping During Carjacking Charges
Rubin Law, P.C. defends §209.5 by attacking the two-part asportation-plus-risk test.
Movement Merely Incidental
In-vehicle repositioning or short getaway movement is insufficient — People v. Rayford factors defeat §209.5.
Asportation
No Increased Risk
Short movement did not increase the risk of harm beyond the carjacking itself.
Risk
No Predicate §215
Attack the underlying carjacking — no §215 means no §209.5.
Predicate
Reduction to §215
Negotiate down to standalone carjacking (3/5/9 yrs).
Reduction
Not Facilitation
Where movement was not to facilitate the carjacking (e.g., punitive or post-completion), §209.5 fails.
Purpose
§995 Motion
Preliminary-hearing dismissal on insufficient evidence of substantial movement.
§995
Constitutional Sources
07 — Court Process
How PC §209.5 Kidnapping During Carjacking Cases Move Through Los Angeles Courts
§209.5 cases proceed as life-exposure felonies.
- 1
Step 1 — Investigation
GPS/vehicle tracking, victim statements, and asportation-distance workup.
- 2
Step 2 — Filing
DA files §215 + §209.5 with §12022.53 firearm enhancement where applicable.
- 3
Step 3 — Arraignment
Bail set high; no-bail in gang-enhanced cases.
- 4
Step 4 — Preliminary Hearing
Movement distance and risk-of-harm testimony presented.
- 5
Step 5 — Motions
§995 challenges targeting asportation and increased risk.
- 6
Step 6 — Trial or Plea
Trial focuses on movement and risk analysis; pleas target §215 reduction.
- 7
Step 7 — Sentencing
Life with parole imposed; 85% service.
Los Angeles Courts That Handle PC §209.5 Kidnapping During Carjacking Cases
§209.5 cases are handled in LA County felony trial courts.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Kidnapping During Carjacking Defense Attorney
Daniel S. Rubin has defended clients charged with kidnapping during carjacking and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §209.5 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Kidnapping During Carjacking Cases Throughout LA County
09 — FAQs
PC §209.5 Kidnapping During Carjacking Questions — Los Angeles
What is PC §209.5?
Kidnapping during the commission of a carjacking — a life offense requiring substantial movement beyond what is merely incidental to the carjacking, with increased risk of harm.
How is §209.5 different from §215?
§215 punishes the carjacking itself (3/5/9 years). §209.5 adds a life sentence where kidnapping occurs during the carjacking with substantial movement and increased risk.
Is §209.5 a strike?
Yes — serious felony (§1192.7(c)(20)) and violent felony (§667.5(c)(14)).
What is 'movement beyond merely incidental'?
Movement that goes beyond what is necessary to complete the carjacking itself — driving the victim away or moving them to a different location. Short in-vehicle repositioning often fails this test.
Can §209.5 be reduced?
Yes — asportation and increased-risk challenges frequently lead to reduction to standalone §215 or dismissal under §995.
Is probation available?
No — §209.5 is a life offense; probation is not available.
Available 24/7 — Free Consultation
Facing PC §209.5 Kidnap During Carjacking?
Life exposure. Rubin Law, P.C. attacks asportation and risk. Call (213) 723-2337.