California Penal Code §210.5 — False Imprisonment as Shield
PC §210.5 makes it a felony to take or attempt to take a person as a hostage during the commission of kidnapping, robbery, carjacking, or assault with intent to commit rape, or while fleeing after such offenses. Convictions carry 3, 5, or 8 years in California state prison.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · False Imprisonment as Shield Cases in All LA County Courts
01 — Quick Facts
PC §210.5 — False Imprisonment as Shield at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §210.5 — Taking Hostage During Specified Offenses |
| Code Type | Penal Code (PC) |
| Classification | Felony |
| Prison Term | 3, 5, or 8 years state prison |
| Fine | Up to $10,000 |
| Strike | No — but underlying offense may be |
| Probation | Formal (rarely granted) |
| Expungeable | No — state prison sentence bars PC §1203.4 |
| Immigration | Aggravated felony / CIMT — deportable |
| Related Codes | PC §209 (kidnapping), PC §211 (robbery), PC §215 (carjacking), PC §220 (assault to commit rape) |
| If Charged | Call (213) 723-2337 immediately |
01 — What Is PC §210.5?
What Is California Penal Code §210.5?
PC §210.5 Reads:
"Every person who, during the commission of any offense specified in Section 209, 211, 215, or 220, or while fleeing after the commission of any of those offenses, takes or attempts to take a person as a hostage is punishable by imprisonment in the state prison for three, five, or eight years."
— California Penal Code §210.5
California Penal Code §210.5 is a sentencing enhancement that applies when a defendant takes or attempts to take a hostage during the commission of — or immediate flight from — kidnapping for ransom (PC §209), robbery (PC §211), carjacking (PC §215), or assault with intent to commit rape (PC §220). The statute targets the dangerous escalation of using an innocent person as a human shield to avoid apprehension, facilitate escape, or gain leverage against law enforcement. It is a straight felony that runs consecutively to the underlying offense.
Hostage-Taking vs. False Imprisonment
False imprisonment (PC §236) is the unlawful violation of another person's liberty. §210.5 is far more serious — it applies only when the defendant uses the victim as a hostage during or after specified violent felonies. The key distinction is purpose: §210.5 requires the victim be held to avoid arrest, facilitate escape, or bargain with law enforcement.
Why This Law Matters
Using a hostage during a violent felony creates extreme danger to the victim, responding officers, and the public. Los Angeles County prosecutors treat §210.5 as a serious enhancement that adds significant prison time to already severe underlying charges. At Rubin Law, P.C., we defend by showing the defendant did not take a hostage, the victim was not held for shield purposes, or the underlying offense does not qualify under §210.5's enumerated list.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §210.5
To convict a defendant of hostage-taking under PC §210.5, the prosecution must prove each of the following elements beyond a reasonable doubt.
You Committed or Were Fleeing From a Specified Offense
The underlying offense must be kidnapping for ransom (PC §209), robbery (PC §211), carjacking (PC §215), or assault with intent to commit rape (PC §220). Other offenses — burglary, assault, or false imprisonment — do not trigger §210.5.
You Took or Attempted to Take a Person as a Hostage
The prosecution must prove you seized, detained, or attempted to seize another person to use them as a hostage. Mere presence near a victim, or temporary restraint that is part of the underlying offense, does not satisfy this element. The taking must be distinct from the underlying crime.
You Did So to Avoid Arrest, Facilitate Escape, or Gain Leverage
The hostage must have been taken for a shield purpose — to avoid apprehension, facilitate flight from the scene, or bargain with law enforcement. Restraint for the purpose of completing the underlying offense (e.g., tying up a robbery victim) does not satisfy this element unless the victim was also used as a shield during escape.
04 — Penalties
Penalties for PC §210.5 False Imprisonment as Shield in California
PC §210.5 is a straight felony that runs consecutively to the underlying offense.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| Felony §210.5 | PC §210.5 | 3, 5, or 8 years state prison (consecutive) | Formal (rarely granted) | No |
| §210.5 + PC §211 Robbery | PC §211 / §210.5 | Robbery (2–6 yrs) + §210.5 (3–8 yrs) consecutive | Formal (rarely granted) | Yes (robbery) |
| §210.5 + PC §215 Carjacking | PC §215 / §210.5 | Carjacking (3–9 yrs) + §210.5 (3–8 yrs) consecutive | Formal (rarely granted) | Yes (carjacking) |
Additional Consequences Beyond Prison
- Consecutive sentencing — §210.5 prison time adds to the underlying offense, not concurrent
- Restitution to the hostage victim for emotional distress, medical costs, and lost wages
- Lifetime firearms prohibition under PC §29800
- Deportation and inadmissibility for non-citizens
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §210.5 False Imprisonment as Shield Charges
Rubin Law, P.C. defends §210.5 charges by attacking the enumerated-offense requirement, the hostage-taking element, and the purpose element.
Underlying Offense Not Enumerated
§210.5 applies only to PC §209, §211, §215, and §220. If the underlying charge is burglary, assault, false imprisonment, or any other offense, §210.5 must be dismissed.
Statutory scope
No Separate Hostage-Taking
Restraint that is merely incidental to the underlying robbery or carjacking is not §210.5 hostage-taking. The prosecution must prove a distinct act of seizing a person as a shield, separate from the crime itself.
No separate act
No Shield Purpose
If the victim was restrained solely to complete the underlying offense — e.g., tying them up during a robbery — and not to facilitate escape or avoid arrest, §210.5 fails.
No shield purpose
Duress / Coercion
If the defendant was forced by a co-defendant to hold the victim under threat of death, the duress defense may apply to §210.5. We investigate the full dynamics of the offense.
Duress
Constitutional Sources
07 — Court Process
How PC §210.5 False Imprisonment as Shield Cases Move Through Los Angeles Courts
§210.5 cases proceed through the following stages.
- 1
Step 1 — Investigation
SWAT, hostage negotiators, and detectives respond. After the incident is resolved, investigators interview the victim, witnesses, and officers. Video surveillance, body-worn cameras, and dispatch audio are collected.
- 2
Step 2 — Filing / Arraignment
Filed as a felony enhancement to the underlying offense. Arraignment within 48 hours. Bail is set extremely high due to the violent nature of the charges.
- 3
Step 3 — Preliminary Hearing
Prima-facie showing on the underlying offense AND the §210.5 elements. Defense cross-examines officers and the victim, and challenges the distinctness of the hostage-taking act.
- 4
Step 4 — Discovery
Body-worn camera footage, 911 calls, dispatch audio, hostage-negotiator transcripts, victim statements, and forensic evidence.
- 5
Step 5 — Pretrial Motions
PC §995 (insufficient evidence on §210.5 elements), PC §1538.5 (suppression), and mental-health diversion under PC §1001.36 where applicable.
- 6
Step 6 — Trial
CALCRIM 2653. Typically 5–10 court days. Prosecution must prove the hostage-taking was distinct from the underlying offense and was done for shield purposes. Jury must evaluate officer and victim testimony under cross-examination.
- 7
Step 7 — Sentencing
State prison 3–8 years consecutive to the underlying offense. Restitution to the victim. Formal probation is rare.
Los Angeles Courts That Handle PC §210.5 False Imprisonment as Shield Cases
§210.5 filings occur in the courthouse serving the location of the underlying offense.
Clara Shortridge Foltz Criminal Justice Center
Central LA — high-profile violent-felony trials and hostage-taking cases.
Van Nuys Courthouse East
San Fernando Valley felony trials.
Airport Courthouse
West LA felony trials.
Long Beach Courthouse
South Bay felony trials.
Pasadena Courthouse
Pasadena / San Gabriel Valley felony trials.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles False Imprisonment as Shield Defense Attorney
Daniel S. Rubin has defended clients charged with false imprisonment as shield 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 §210.5 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | False Imprisonment as Shield Cases Throughout LA County
09 — FAQs
PC §210.5 False Imprisonment as Shield Questions — Los Angeles
What is the penalty for taking a hostage under PC §210.5?
PC §210.5 is a felony carrying 3, 5, or 8 years in state prison. This sentence runs CONSECUTIVELY to the underlying offense (robbery, carjacking, kidnapping, or assault with intent to commit rape).
Can §210.5 be charged without an underlying felony?
No. §210.5 requires an underlying offense of kidnapping for ransom (PC §209), robbery (PC §211), carjacking (PC §215), or assault with intent to commit rape (PC §220). It cannot stand alone.
Is §210.5 a strike offense?
No. §210.5 itself is not a strike. However, the underlying offenses (robbery, carjacking, kidnapping) ARE serious and violent felonies (strikes) under California's Three Strikes Law.
What if I was forced to hold the victim by a co-defendant?
The duress defense may apply if you were threatened with imminent death or great bodily injury unless you held the victim. Rubin Law investigates the full context of coercion and presents duress evidence at trial.
Can §210.5 be expunged?
No. Because §210.5 carries a state prison sentence, PC §1203.4 expungement is unavailable.
Is §210.5 deportable?
Yes. §210.5 is likely a crime involving moral turpitude (CIMT) and may be deemed an aggravated felony, making it both deportable and a bar to re-entry. Non-citizens must seek immigration counsel immediately.
Available 24/7 — Free Consultation
Charged with Hostage-Taking Under PC §210.5?
§210.5 adds 3–8 years of consecutive prison time to violent felonies. Rubin Law, P.C. defends with statutory-scope, distinctness, and purpose arguments. Call (213) 723-2337.