California Penal Code §207 — Kidnapping
PC §207 punishes forcibly, or by any other means of instilling fear, taking, holding, detaining, or arresting another person and carrying that person into another country, state, county, or a substantial distance within the same county. Simple kidnapping is a straight felony carrying 3, 5, or 8 years in state prison — a strike, a violent felony, and a lifetime firearm prohibition. Aggravated variants under PC §209 (for ransom, robbery, or sexual purpose) carry life imprisonment.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Kidnapping Cases in All LA County Courts
01 — Quick Facts
PC §207 — Kidnapping at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §207 — Kidnapping |
| Code Type | Penal Code (PC) |
| Classification | Straight Felony |
| Simple Kidnapping | 3, 5, or 8 years state prison |
| Kidnapping of Child Under 14 | PC §208(b) — 5, 8, or 11 years |
| Kidnapping for Ransom / Robbery / Sex | PC §209 — Life with parole (or LWOP) |
| Kidnapping During Carjacking | PC §209.5 — Life with parole |
| Strike | Yes — serious and violent felony |
| Firearm Prohibition | Lifetime federal (18 USC §922(g)(1)) |
| Immigration | Aggravated felony — mandatory deportation |
| Free Consultation | (213) 723-2337 — 24/7 |
01 — What Is PC §207?
What Is California Penal Code §207?
PC §207 Reads:
"Every person who forcibly, or by any other means of instilling fear, steals or takes, or holds, detains, or arrests any person in this state, and carries the person into another country, state, or county, or into another part of the same county, is guilty of kidnapping."
— California Penal Code §207(a)
California kidnapping law requires three components: (1) taking or detaining another person, (2) accomplished by force or fear (or by fraud in the case of a minor), and (3) movement of the victim a 'substantial distance.' Movement measured 'as the crow flies' can be as short as 30-40 feet if it changes the environment or reduces the victim's opportunity to escape.
The 'Substantial Distance' Element
Under People v. Martinez (1999) 20 Cal.4th 225, courts consider not just linear distance but also the totality of circumstances — including whether the movement decreased detection, increased the risk of harm, or changed the environment. Very short movements can qualify.
PC §207 — Simple Kidnapping
Taking/detaining by force or fear plus substantial-distance movement. 3, 5, or 8 years prison. Strike.
PC §209 — Aggravated Kidnapping
Kidnapping for ransom, robbery, or a sex offense. Life with parole — or life without parole if the victim suffers death or bodily harm.
Why Kidnapping Charges Are Life-Defining
A §207 conviction carries state prison, a strike, a violent felony designation (15% credit cap), lifetime firearm prohibition, aggravated felony deportation, and — with an aggravated variant under §209 — life imprisonment. Rubin Law, P.C. defends by attacking the movement, the force/fear element, and — critically — by distinguishing kidnapping from lesser included offenses like false imprisonment (PC §236).
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §207
To convict a defendant under PC §207(a), the prosecution must prove each of the following elements beyond a reasonable doubt.
You Took, Held, or Detained Another Person
The People must prove some form of restraint of the victim's freedom of movement — physical grabbing, restraint in a car, restraint in a building, or continuing detention against the victim's will.
You Used Force or Fear
The taking must be accomplished by physical force OR by threats or menacing conduct that would cause a reasonable person to fear injury. For a minor under 14, fraud or enticement is sufficient (§207(b)).
You Moved the Victim a Substantial Distance
The movement must be more than trivial — assessed under Martinez (1999) totality-of-circumstances test considering distance, change in environment, and reduction in detection risk.
04 — Penalties
Penalties for PC §207 Kidnapping in California
PC §207 is a straight felony with strike consequences. Aggravated variants under §209 carry life imprisonment.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| Simple Kidnapping | PC §207(a) | 3, 5, or 8 years state prison | No | Yes (violent) |
| Kidnapping of Child Under 14 | PC §208(b) | 5, 8, or 11 years state prison | No | Yes |
| Kidnapping for Ransom / Robbery / Sex | PC §209 | Life with parole | No | Yes |
| Kidnapping for Sex w/ Death or Bodily Harm | PC §209(a) | Life without parole | No | Yes |
| Kidnapping During Carjacking | PC §209.5 | Life with parole | No | Yes |
Enhancements That Increase §207 Exposure
Aggravated Kidnapping
PC §209
Kidnapping for ransom, robbery, or sex offense converts to life imprisonment.
GBI Enhancement
PC §12022.7
+3-6 years for GBI inflicted during kidnapping — mandatory strike designation.
Firearm Use
PC §12022.53
+10 years for firearm use, +20 for discharge, +25-to-life for firearm-caused GBI.
Victim Under 14
PC §208(b)
Kidnapping a child under 14 elevates exposure to 5, 8, or 11 years state prison and adds registration exposure under PC §290 if sexual motive.
Gang Enhancement
PC §186.22
+2-10 years for gang-related kidnapping.
Prior Serious/Violent Felony
PC §667(a)
+5 years per qualifying prior strike; two strikes triples current sentence.
Beyond the Sentence
- Strike — future felony exposure of 25-to-life
- Violent felony designation — 15% credit cap (must serve 85%)
- Lifetime federal firearm prohibition (18 USC §922(g)(1))
- Aggravated felony — mandatory deportation for non-citizens
- State parole with heightened supervision
- Loss of every professional license
- Restitution — mandatory to victim including therapy costs
- Public record — background check disqualifier
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §207 Kidnapping Charges
PC §207 cases turn on movement, force, and — often — the availability of lesser included offenses like PC §236 false imprisonment.
Consent — No Force or Fear
Consent is a complete defense. Consensual transport, prearranged pickup, and pre-existing relationships defeat the force-or-fear element. Even hostile transport can be non-kidnapping if the victim entered voluntarily.
CALCRIM 1215
Incidental Movement — People v. Cotton
Movement incidental to another crime (robbery, assault, sexual battery) that does not increase risk of harm is NOT separately punishable. People v. Cotton (1976) 46 Cal.App.3d 1054 controls.
People v. Cotton
Insubstantial Movement
Under People v. Martinez (1999), movement must be more than trivial. Very short movements within a single room or property often fail this element.
People v. Martinez
Lawful Custody / Parental Right
Legal custody of one's own child (unless court order forbids) is a complete defense. Family Code and probate court orders often provide the required authority.
PC §207(f) / Fam. §3134
Mistake of Fact — Reasonable Belief in Consent
Reasonable and good-faith belief in consent — for example in a taxi/rideshare context — can defeat the force-or-fear element.
CALCRIM 1215
Lesser Included — PC §236 False Imprisonment
False imprisonment (PC §236) is a lesser included and often the right resolution — up to 3 years but no strike, no violent felony designation. We negotiate for §236 in every viable case.
Suppression / Constitutional Search
Cell-site tracking, digital surveillance, and warrantless searches frequently exceed the warrant scope. PC §1538.5 suppression is the primary Fourth Amendment tool.
PC §1538.5 / Riley
Constitutional Sources
07 — Court Process
How PC §207 Kidnapping Cases Move Through Los Angeles Courts
Kidnapping cases proceed through the felony track with heightened evidence and expert-witness demands.
- 1
Step 1 — Investigation / Statement Capture
Detectives seek recorded statements from both parties immediately. Do not agree to any interview without counsel.
- 2
Step 2 — Arrest & Arraignment
Bail typically $100,000+; aggravated variants (§209) frequently no-bail hold. We file for bail reduction under PC §1275.
- 3
Step 3 — Preliminary Hearing
The People must show probable cause on movement, force, and detention. Cross-examination on the movement element is critical.
- 4
Step 4 — Motion Practice
PC §1538.5 (suppression), Pitchess, and PC §995 dismissal frame the trial. Lesser included instruction (PC §236) is essential at trial.
- 5
Step 5 — Expert Investigation
Distance/mapping experts and forensic psychologists are frequently retained. Movement analysis under Martinez is often trial-determinative.
- 6
Step 6 — Resolution
Outcomes: dismissal, plea to PC §236 false imprisonment, or trial. Rubin Law, P.C. approaches every §207 case as trial-ready.
Los Angeles Courts That Handle PC §207 Kidnapping Cases
Kidnapping cases are prosecuted at LA County felony courthouses.
Clara Shortridge Foltz Criminal Justice Center
Central LA — largest §207 calendar in the county.
Van Nuys Courthouse
San Fernando Valley kidnapping cases.
Long Beach Courthouse
South Bay kidnapping cases.
Pomona Courthouse
Eastern LA County kidnapping cases.
Compton Courthouse
Compton and South LA §207 cases.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Kidnapping Defense Attorney
Daniel S. Rubin has defended clients charged with kidnapping 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 §207 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Kidnapping Cases Throughout LA County
09 — FAQs
PC §207 Kidnapping Questions — Los Angeles
What must the prosecution prove to convict me of kidnapping?
The People must prove beyond a reasonable doubt: (1) taking, holding, or detaining another person, (2) by force or fear (or fraud/enticement for a minor under 14), and (3) movement of the victim a substantial distance. All three elements are required.
How is 'substantial distance' measured?
Under People v. Martinez (1999) 20 Cal.4th 225, courts consider totality of circumstances — actual distance, change in environment, whether movement decreased detection risk, and whether movement increased risk of harm. Very short distances (30-40 feet) can qualify if the movement changed the situation.
Is kidnapping a strike?
Yes. Every §207 conviction is both a serious felony under PC §1192.7 and a violent felony under PC §667.5(c). It triggers strike consequences, a 15% credit cap (must serve 85% of sentence), and 25-to-life exposure on any future felony.
What is aggravated kidnapping under PC §209?
PC §209 makes kidnapping for ransom, robbery, or a sex offense punishable by life with parole — or life without parole if the victim suffers death or bodily harm. The 'purpose' element must be proven at the time of the kidnapping, not developed after.
Is false imprisonment the same as kidnapping?
No. PC §236 false imprisonment lacks the movement element — restraint of freedom without moving the victim a substantial distance. False imprisonment is a wobbler (up to 3 years prison as felony) but is NOT a strike, NOT a violent felony, and does NOT trigger the 15% credit cap. Reducing a §207 to a §236 is often the primary defense objective.
What is 'incidental movement' under People v. Cotton?
Under People v. Cotton (1976) 46 Cal.App.3d 1054, movement 'merely incidental' to another crime (robbery, assault, sexual battery) that does not substantially increase the risk of harm is NOT separately punishable as kidnapping. This principle prevents kidnapping charges every time someone is moved a few feet during another offense.
Can a parent be charged with kidnapping their own child?
Generally no — legal custody is a complete defense under §207(f) if the parent has custody rights and no court order prohibits removal. However, PC §278 (child abduction) may apply if custody is disputed. Take-your-child parenting disputes should be resolved in family court, never with self-help transport.
What are the immigration consequences of a kidnapping conviction?
PC §207 is an aggravated felony under 8 USC §1101(a)(43)(H) (kidnapping) — mandatory deportation, permanent inadmissibility, and ineligibility for cancellation of removal, asylum, and virtually all discretionary relief. Non-citizens facing §207 charges must obtain a plea to PC §236 false imprisonment or similar non-aggravated-felony offense.
Available 24/7 — Free Consultation
Charged With Kidnapping Under PC §207?
The difference between §207 (strike, prison) and §236 (wobbler, probation) is decided in the first weeks of the case. Call Rubin Law, P.C. IMMEDIATELY.