(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.
Notes of Decisions
Cited in
32
cases, 1948–2020 · leading case:
People v. Rayford, 884 P.2d 1369 (Cal. 1994).
People v. Rayford, 884 P.2d 1369 (Cal. 1994).
· cites it 2× “Our task is to determine whether a statute that proscribes kidnapping with the intent to commit rape, oral copulation, sodomy, or rape by instrument (Pen. Code, § 208, subd. (d)), is an offense separate from, or an enhancement to, simple kidnapping (Pen.”
In Re Foss, 519 P.2d 1073 (Cal. 1974).
· cites it 2× “Code, § 245), kidnapping (Pen. Code, § 208), escape from jail or prison with force (Pen.”
In Re Earley, 534 P.2d 721 (Cal. 1975).
· cites it 2× “(Pen. Code, §§ 208, 3049.) [2] On the other hand, a defendant convicted of kidnaping for the purpose of robbery must be sentenced to death or life imprisonment without possibility of parole if the victim dies or is harmed; and if, as here, the victim suffers no injury whatever,…”
Jose Estrella v. Derrick Ollison, 668 F.3d 593 (9th Cir. 2011).
· cites it 2× “Cal. Penal Code § 208 (a). The middle term of five years was the relevant statutory maximum.”
People v. Superior Court (Du), 92 Cal. Daily Op. Serv. 3464 (Cal. Ct. App. 1992).
“” 22 Those crimes include: kidnapping, kidnapping of a child under 14, or kidnapping for the purpose of committing certain sex offenses (Pen. Code, § 208); kidnapping for ransom or extortion (Pen.”
Hicks v. Superior Court, 95 Cal. Daily Op. Serv. 5784 (Cal. Ct. App. 1995).
· cites it 2× “(e)); violent felonies as defined in the street terrorism and enforcement act; forcible escape from a juvenile facility where great bodily harm is intention *1655 ally inflicted on an employee; torture; aggravated mayhem; armed carjacking; kidnapping to commit specified sex…”
People v. Main, 152 Cal. App. 3d 686 (Cal. Ct. App. 1984).
· cites it 2× “Code, § 461), simple kidnaping (Pen. Code, § 208), and pimping (Pen. Code, § 266h).”
People v. Beaumaster, 17 Cal. App. 3d 996 (Cal. Ct. App. 1971).
· cites it 2× “(Pen. Code, § 208 9 provides the punishment for the crime of “simple” kidnaping.”
People v. Joshua H., 93 Cal. Daily Op. Serv. 1747 (Cal. Ct. App. 1993).
“Code, § 459); yet another example is kidnapping, which is punished more severely where the kidnapping is done to commit a sex crime (Pen. Code, § 208, subd. (d)). Motive is also relevant in the antidiscrimination laws.”
People v. Martinez, 99 Cal. Daily Op. Serv. 2593 (Cal. 1999).
“A jury found Martinez guilty, inter alia, of assault with a deadly weapon and kidnapping a person under 14 years of age (Pen. Code, § 208, subd. (b)), and the superior court found his prior felony conviction true.”
People v. Daniels, 202 Cal. App. 3d 671 (Cal. Ct. App. 1988).
“” 2 While Penal Code section 209, subdivision (b), mandates life imprisonment with possibility of parole for kidnapping for robbery, penalties for simple kidnapping are three, five or eight years (Pen. Code, § 208), and for robbery, three, four or six years (first degree) and…”
People v. Kelso, 64 Cal. App. 3d 538 (Cal. Ct. App. 1976).
“Code, § 190) by 5 years to life and kidnaping is punishable (Pen. Code, § 208) by imprisonment for 1-25 years, we reduce the sentences by striking the punishments for the lesser crime (i.”
— Cal. Penal Code § 208(a) — 1 case
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