PENAL CODE

PENAL CODE
SECTION 207-210



207. (a) 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.
(b) Every person, who for the purpose of committing any act
defined in Section 288, hires, persuades, entices, decoys, or seduces
by false promises, misrepresentations, or the like, any child under
the age of 14 years to go out of this country, state, or county, or
into another part of the same county, is guilty of kidnapping.
(c) Every person who forcibly, or by any other means of instilling
fear, takes or holds, detains, or arrests any person, with a design
to take the person out of this state, without having established a
claim, according to the laws of the United States, or of this state,
or who hires, persuades, entices, decoys, or seduces by false
promises, misrepresentations, or the like, any person to go out of
this state, or to be taken or removed therefrom, for the purpose and
with the intent to sell that person into slavery or involuntary
servitude, or otherwise to employ that person for his or her own use,
or to the use of another, without the free will and consent of that
persuaded person, is guilty of kidnapping.
(d) Every person who, being out of this state, abducts or takes by
force or fraud any person contrary to the law of the place where
that act is committed, and brings, sends, or conveys that person
within the limits of this state, and is afterwards found within the
limits thereof, is guilty of kidnapping.
(e) For purposes of those types of kidnapping requiring force, the
amount of force required to kidnap an unresisting infant or child is
the amount of physical force required to take and carry the child
away a substantial distance for an illegal purpose or with an illegal
intent.
(f) Subdivisions (a) to (d), inclusive, do not apply to any of the
following:
(1) To any person who steals, takes, entices away, detains,
conceals, or harbors any child under the age of 14 years, if that act
is taken to protect the child from danger of imminent harm.
(2) To any person acting under Section 834 or 837.




208. (a) Kidnapping is punishable by imprisonment in the state
prison for three, five, or eight years.
(b) If the person kidnapped is under 14 years of age at the time
of the commission of the crime, the kidnapping is punishable by
imprisonment in the state prison for 5, 8, or 11 years. This
subdivision is not applicable to the taking, detaining, or
concealing, of a minor child by a biological parent, a natural
father, as specified in Section 7611 of the Family Code, an adoptive
parent, or a person who has been granted access to the minor child by
a court order.
(c) In all cases in which probation is granted, the court shall,
except in unusual cases where the interests of justice would best be
served by a lesser penalty, require as a condition of the probation
that the person be confined in the county jail for 12 months. If the
court grants probation without requiring the defendant to be confined
in the county jail for 12 months, it shall specify its reason or
reasons for imposing a lesser penalty.



209. (a) Any person who seizes, confines, inveigles, entices,
decoys, abducts, conceals, kidnaps or carries away another person by
any means whatsoever with intent to hold or detain, or who holds or
detains, that person for ransom, reward or to commit extortion or to
exact from another person any money or valuable thing, or any person
who aids or abets any such act, is guilty of a felony, and upon
conviction thereof, shall be punished by imprisonment in the state
prison for life without possibility of parole in cases in which any
person subjected to any such act suffers death or bodily harm, or is
intentionally confined in a manner which exposes that person to a
substantial likelihood of death, or shall be punished by imprisonment
in the state prison for life with the possibility of parole in cases
where no such person suffers death or bodily harm.
(b) (1) Any person who kidnaps or carries away any individual to
commit robbery, rape, spousal rape, oral copulation, sodomy, or any
violation of Section 264.1, 288, or 289, shall be punished by
imprisonment in the state prison for life with the possibility of
parole.
(2) This subdivision shall only apply if the movement of the
victim is beyond that merely incidental to the commission of, and
increases the risk of harm to the victim over and above that
necessarily present in, the intended underlying offense.
(c) In all cases in which probation is granted, the court shall,
except in unusual cases where the interests of justice would best be
served by a lesser penalty, require as a condition of the probation
that the person be confined in the county jail for 12 months. If the
court grants probation without requiring the defendant to be confined
in the county jail for 12 months, it shall specify its reason or
reasons for imposing a lesser penalty.
(d) Subdivision (b) shall not be construed to supersede or affect
Section 667.61. A person may be charged with a violation of
subdivision (b) and Section 667.61. However, a person may not be
punished under subdivision (b) and Section 667.61 for the same act
that constitutes a violation of both subdivision (b) and Section
667.61.



209.5. (a) Any person who, during the commission of a carjacking
and in order to facilitate the commission of the carjacking, kidnaps
another person who is not a principal in the commission of the
carjacking shall be punished by imprisonment in the state prison for
life with the possibility of parole.
(b) This section shall only apply if the movement of the victim is
beyond that merely incidental to the commission of the carjacking,
the victim is moved a substantial distance from the vicinity of the
carjacking, and the movement of the victim increases the risk of harm
to the victim over and above that necessarily present in the crime
of carjacking itself.
(c) In all cases in which probation is granted, the court shall,
except in unusual cases where the interests of justice would best be
served by a lesser penalty, require as a condition of the probation
that the person be confined in the county jail for 12 months. If the
court grants probation without requiring the defendant to be confined
in the county jail for 12 months, it shall specify its reason or
reasons for imposing a lesser penalty.


210. Every person who for the purpose of obtaining any ransom or
reward, or to extort or exact from any person any money or thing of
value, poses as, or in any manner represents himself to be a person
who has seized, confined, inveigled, enticed, decoyed, abducted,
concealed, kidnapped or carried away any person, or who poses as, or
in any manner represents himself to be a person who holds or detains
such person, or who poses as, or in any manner represents himself to
be a person who has aided or abetted any such act, or who poses as or
in any manner represents himself to be a person who has the
influence, power, or ability, to obtain the release of such person so
seized, confined, inveigled, enticed, decoyed, abducted, concealed,
kidnapped or carried away, is guilty of a felony and upon conviction
thereof shall be punished by imprisonment for two, three or four
years.
Nothing in this section prohibits any person who, in good faith
believes that he can rescue any person who has been seized, confined,
inveigled, enticed, decoyed, abducted, concealed, kidnapped or
carried away, and who has had no part in, or connection with, such
confinement, inveigling, decoying, abducting, concealing, kidnapping,
or carrying away, from offering to rescue or obtain the release of
such person for a monetary consideration or other thing of value.

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The crime of unlawfully seizing and carrying away a person by force or FRAUD, or seizing and detaining a person against his or her will with an intent to carry that person away at a later time.
The law of kidnapping is difficult to define with precision because it varies from jurisdiction to jurisdiction. Most state and federal kidnapping statutes define the term kidnapping vaguely, and courts fill in the details.
Generally, kidnapping occurs when a person, without lawful authority, physically asports (i.e., moves) another person without that other person's consent, with the intent to use the abduction in connection with some other nefarious objective. Under theMODEL PENAL CODE (a set of exemplary criminal rules fashioned by the American Law Institute), kidnapping occurs when any person is unlawfully and non-consensually asported and held for certain purposes. These purposes include gaining a ransom or reward; facilitating the commission of a felony or a flight after the commission of a felony; terrorizing or inflicting bodily injury on the victim or a third person; and interfering with a governmental or political function (Model Penal Code § 212.1).
Kidnapping laws in the United States derive from the COMMON LAW of kidnapping that was developed by courts in England. Originally, the crime of kidnapping was defined as the unlawful and non-consensual transportation of a person from one country to another. In the late nineteenth and early twentieth centuries, states began to redefine kidnapping, most notably eliminating the requirement of interstate transport.
At the federal level, Congress passed the LINDBERGH ACT in 1932 to prohibit interstate kidnapping (48 Stat. 781 [codified at 18 U.S.C.A. §§ 1201 et seq.]). The Lindbergh Act was named for Charles A. Lindbergh, a celebrated aviator and Air Force colonel whose baby was kidnapped and killed in 1932. The act provides that if a victim is not released within 24 hours after being abducted, a court may presume that the victim was transported across state lines. This presumption may be rebutted with evidence to the contrary. Other federal kidnapping statutes prohibit kidnapping in U.S. territories, kidnapping on the high seas and in the air, and kidnapping of government officials (18 U.S.C.A. §§ 1201 et seq., 1751 et seq.).
A person who is convicted of kidnapping is usually sentenced to prison for a certain number of years. In some states, and at the federal level, the term of imprisonment may be the remainder of the offender's natural life. In jurisdictions that authorize the death penalty, a kidnapper is charged with a capital offense if the kidnapping results in death. Kidnapping is so severely punished because it is a dreaded offense. It usually occurs in connection with another criminal offense, or underlying crime. It involves violent deprivation of liberty, and it requires a special criminal boldness. Furthermore, the act of moving a crime victim exposes the victim to risks above and beyond those that are inherent in the underlying crime.
Most kidnapping statutes recognize different types and levels of kidnapping and assign punishment accordingly. New York State, for example, bases its definition of first-degree kidnapping on the purpose and length of the abduction. First-degree kidnapping occurs when a person abducts another person to obtain ransom (N.Y. Penal Code § 135.25 [McKinney 1996]). First-degree kidnapping also occurs when the abduction lasts for more than 12 hours and the abductor intends to injure the victim; to accomplish or advance the commission of a felony; to terrorize the victim or a third person; or to interfere with a governmental or political function. An abduction that results in death is also first-degree kidnapping. A first-degree kidnapping in New York State is a class A-1 felony, which carries a sentence of at least 20 years in prison (§ 70.00).
New York State also has a second-degree kidnapping statute. A person is guilty of second-degree kidnapping if he or she abducts another person (§ 135.20). This crime lacks the aggravating circumstances in first-degree kidnapping, and it is ranked as a class B felony. A person who is convicted of a class B felony in New York State can be sentenced to one to eight years in prison (§ 70.00).
Two key elements are common to all charges of kidnapping. First, the asportation ordetention must be unlawful. Under various state and federal statutes, not all seizures and asportations constitute kidnapping: Police officers may arrest and jail a person they suspect of a crime, and parents are allowed to reasonably restrict and control the movement of their children.
Second, some aggravating circumstance must accompany the restraint or asportation. This can be a demand for money; a demand for anything of value; an attempt to affect a function of government; an attempt to inflict injury on the abductee; an attempt to terrorize a third party; or an attempt to commit a felony.
In most states, kidnapping statutes specify that any unlawful detention or physical movement of a child, other than that performed by a parent or guardian, constitutes kidnapping. An abduction of a child thus need not be accompanied by some other circumstance, such as EXTORTION or physical injury, to qualify for the highest level of kidnapping charge. In the absence of an aggravating circumstance, an unlawful, non-consensual restraint or movement is usually charged as something less than the highest degree or level of kidnapping.
Many states have enacted special laws for CARJACKING, a specialized form of kidnapping. Generally, carjacking occurs when one person forces a driver out of the driver's seat and steals the vehicle. Carjacking is a felony whether the aggressor keeps the victim in the car or forces the victim from the car. In California, a carjacking statute is contained within the penal code's chapter on kidnapping, and it carries a sentence of life imprisonment without the possibility of parole. (Cal. Penal Code § 209.5 [West]).
Kidnapping laws are similar to laws on unlawful or felonious restraint, parental kidnapping, and FALSE IMPRISONMENT. These crimes cover the range of unlawful-movement and unlawful-restraint cases. Felonious or unlawful restraint, also known as simple kidnapping, is the unlawful restraint of a person that exposes the victim to physical harm or places the victim in SLAVERY. It is a lesser form of kidnapping because it does not require restraint for a specified period or specific purpose (such as to secure money or commit a felony). False imprisonment is a relatively inoffensive, harmless restraint of another person. It is usually a misdemeanor, punishable by no more than a year in jail. Parental kidnapping is the abduction of a child by a parent. The law on parental kidnapping varies from jurisdiction to jurisdiction: Some jurisdictions define it as a felony, others as a misdemeanor. Many states consider parental kidnapping to be less offensive than classic kidnapping because of the strong bond between parents and children.
The chief judicial concern with the charge of kidnapping is DOUBLE JEOPARDY, which is multiple punishment for the same offense. It is prohibited by the FIFTH AMENDMENT to the U.S. Constitution. Kidnapping often is an act that facilitates another offense, such as rape, ROBBERY, or assault. Rape, robbery, and assault often involve the act of moving a person against his or her will, which is the gravamen (i.e., the significant element) of a kidnapping charge. Thus, a persistent problem with kidnapping prosecutions is in determining whether a kidnapping conviction would constitute a second punishment for the same act.
Legislatures have passed statutes, and courts have fashioned rules, to prevent and detect double jeopardy in kidnapping cases. Generally, these laws and rules hold that for kidnapping to be charged as a separate crime, some factor must set the asportation apart from a companion crime. Most courts will sustain multiple convictions if the asportation exposes the victim to increased risk of harm or results in harm to the victim separate from that caused by the companion offense. In other jurisdictions, the test is whether the asportation involves a change of environment or is designed to conceal a companion offense.
In most states, an asportation of a few feet may constitute the separate offense of kidnapping; in other states, distance is not a factor. In New York State, for example, the focus of the kidnapping statute is not distance, but purpose. Thus, an asportation of 27 city blocks might not constitute kidnapping if it is merely incidental to a companion crime (People v. Levy, 15 N.Y.2d 159, 256 N.Y.S.2d 793, 204 N.E.2d 842 [N.Y. 1965]). Likewise, an asportation from the borough of Manhattan to the borough of Queens might not constitute kidnapping if it plays no significant role in the commission of another crime (People v. Lombardi, 20 N.Y.2d 266, 282 N.Y.S.2d 519, 229 N.E.2d 206 [Ct. App. 1967]).
Some states have eliminated the asportation element from their kidnapping statutes. In Ohio, for example, kidnapping is defined in part as restraining the liberty of another person (Ohio Rev. Code Ann. § 2905.01 [Baldwin 1996]). This creates an increased risk of double jeopardy in kidnapping convictions because, by definition, every robbery, rape, or assault would constitute kidnapping. However, the Ohio state legislature has enacted a statute that prohibits multiple convictions for the same conduct unless the defendant exhibits a separate animus (i.e., a separate intent) to commit a separate crime (§ 2941.25). Whether the prosecution proves a separate animus to kidnap is a QUESTION OF FACT based on the circumstances surrounding the crime.
In State v. Logan, 60 Ohio St. 2d 126, 397 N.E.2d 1345, 14 Ohio Op. 3d 373 (1979), the Supreme Court of Ohio held that the defendant could not be convicted of both rape and kidnapping when he had moved the victim a mere few feet and had released the victim immediately after the rape. Under the facts of the case, the asportation had no significance apart from the rape offense. According to the court, the defendant had displayed no animus beyond that necessary to commit rape, so punishment for both rape and kidnapping was not warranted.
In contrast, in State v. Wagner, 191 Wis. 2d 322, 528 N.W.2d 85 (Ct. App. 1995), the appeals court upheld a separate conviction for kidnapping. In Wagner, the defendant approached two women on two separate occasions in a laundromat. Both times, the defendant tried to force the women into a bathroom to rape them. He was convicted of two counts of attempted first-degree sexual assault, one count of kidnapping while armed, and one count of attempted kidnapping while armed. On appeal, he argued that he should not have been convicted of kidnapping because, under section 940.31(1)(a) of the Wisconsin Statutes, kidnapping is defined in part as the carrying of a person "from one place to another," and he had not taken his victims to another place. The court disagreed, holding that forced movement from one room to another falls within the meaning of the kidnapping statute. Ultimately, the appeals court affirmed the defendant's sentence of 72 years in prison.
The kidnapping of children has presented a particularly emotional issue for lawmakers. In 1984, in response to the kidnapping and murder of his child Adam, John Walsh founded the National Center for Missing and Exploited Children (NCMEC). NCMEC serves as a resource in providing assistance to parents, children, law enforcement, schools, and the community in recovering missing children and raising public awareness about ways to help prevent child abduction.
In 1996, the kidnapping and murder of Amber Hagerman in Texas inspired the Dallas/Fort Worth Association of Radio Managers and local law enforcement agencies in north Texas to create the nation's first "AMBER Alert" plan. AMBER, in addition to being Amber Hagerman's first name, also serves as an acronym for America's Missing: Broadcast Emergency Response. "Amber Alert" plans allow the development of an early warning system to help find abducted children by broadcasting information over radio and television to the public as quickly as possible. This information includes descriptions and pictures of the missing child, the suspected abductor, a suspected vehicle, and any other information available and valuable to identifying the child and suspect.
From its beginnings in Texas, the AMBER Alert system spread until, by 2002, 55 versions had been adopted at local, regional, and statewide levels. Eighteen states had adopted the plan by 2002, urged on by the NCMEC, which adopted the AMBER Alert as one of its top priorities. As a result, many people were convinced that the late 1990s and new millennium saw a sharp decline in child kidnappings, which were well publicized, thanks to AMBER Alerts. In fact, the FBI reported that child abductions had actually declined from the 1980s, from an average between 200 and 300 per year to only 93 in 2000.
The AMBER Alerts were considered so successful—credited with recovering 30 children—that Congress passed a national AMBER Alert bill as part of the Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today (PROTECT) Act of 2003, Pub. L. No. 108-21, 117 Stat. 650. Under this bill, the attorney general, in cooperation with the secretary of transportation and the chairman of the FEDERAL COMMUNICATIONS COMMISSION (FCC), appoints a National AMBER Alert Coordinator to oversee the communication network. The AMBER Alert Coordinator at the JUSTICE DEPARTMENT works with states, broadcasters, and law enforcement agencies to set up AMBER plans, to serve as a point of contact to supplement existing AMBER plans, and to facilitate appropriate regional coordination of AMBER Alerts. Grants were provided to help set up effective AMBER Alert programs at the state and local levels.


Read more: Kidnapping - Further Readings http://law.jrank.org/pages/7992/KWhat is the difference between a misdemeanor and a felony?
Most crimes are divided into two categories, based on the severity of the crime: misdemeanor and felony. State law governs which crimes are considered more serious than others. Generally speaking, a misdemeanor crime is one where the maximum penalty is one year or less in state prison.
A felony crime is a more serious crime that can result in jail or prison time for more than one year. Felony charges also bring a number of other legal repercussions if the defendant is convicted. In some states, under certain circumstances, a crime can be considered a misdemeanor or a felony, depending on the specifics of the case. A qualified attorney can maximize your chance that your crime is charged as a lesser offense.
When a fine is the punishment for a legal violation, the action is considered an infarction rather than a criminal offense. For example, a parking ticket is an infarction rather than a criminal charge. In some cases, however, a crime may only receive a fine and it will still be counted as a misdemeanor. For example, possessing a small amount of marijuana for personal use in some states may be a misdemeanor punishable by fine.
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