(a)A 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 a person who aids or abets any such act, is guilty of a felony. When a person subjected to that act suffers death or bodily harm, or is intentionally confined in a manner that exposes that person to a substantial likelihood of death, the person, upon conviction, shall be punished by imprisonment in the state prison for life without possibility of parole. When no person subjected to that act suffers death or bodily harm, the person, upon conviction, shall be punished by
imprisonment in the state prison for life with the possibility of parole.
(b)(1)A person who kidnaps or carries away an individual to commit robbery, rape, oral copulation, sodomy, or any violation of Section 264.1, 288, 289, or former Section 262, 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)When 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) does not 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.
Notes of Decisions
Cited in
452
cases (
64 in the last 5 years), 1946–2026 · leading case:
People v. Daniels, 176 Cal. App. 4th 304 (Cal. Ct. App. 2009).
People v. Daniels, 176 Cal. App. 4th 304 (Cal. Ct. App. 2009).
· cites it 8× “(a)) were found true. He was committed to state prison for a term of 28 years to life consecutive to a 21-year term.”
People v. Hoyt, 456 P.3d 933 (Cal. 2020).
· cites it 2× “The jury was instructed on the elements of aggravated kidnap and on the lesser included offense of simple kidnap. The aggravated kidnap statute provides in pertinent part, “Any person who .”
People v. Wein, 326 P.2d 457 (Cal. 1958).
· cites it 8× “Code, § 207), and five counts of kidnaping for the purpose of robbery (Pen. Code, § 209). Defendant initially entered pleas of not guilty and not guilty by reason of insanity, but he withdrew the latter plea prior to trial.”
People v. Norrell, 913 P.2d 458 (Cal. 1996).
· cites it 10× “Lau was alleged to have personally used a firearm (Pen. Code, § 12022.”
People v. Centers, 86 Cal. Rptr. 2d 151 (Cal. Ct. App. 1999).
· cites it 6× “(Pen.Code, § 209, subd. (a).) We will also consider the "multiple victim" exception to Penal Code section 654.”
People v. Dowdell, 227 Cal. App. 4th 1388 (Cal. Ct. App. 2014).
· cites it 3× “(Pen. Code, §§ 209, subd. (a), 209.5, 215, 209, subd.”
People v. Green, 95 Cal. App. 3d 991 (Cal. Ct. App. 1979).
· cites it 6× “Each contends that the evidence is insufficient to support the verdict as to the robbery count, and that his motion for a separate trial should have been granted.”
People v. Lobaugh, 18 Cal. App. 3d 75 (Cal. Ct. App. 1971).
· cites it 12× “Code, § 207); a lesser offense included within a charge of kidnaping one Donald Adcock for the purpose of robbery (Pen. Code, § 209); Count 6: Kidnaping of one Carol Ann Geer for the purpose of robbery (Pen.”
People v. Robertson, 12 Cal. Daily Op. Serv. 9570 (Cal. Ct. App. 2012).
· cites it 2× “(Pen. Code, §§ 209, subd. (b)(1), 289, subd.”
People v. Daniels, 459 P.2d 225 (Cal. 1969).
· cites it 4× “for the purpose of robbery, the victim suffering bodily harm (Pen. Code, § 209); in count III Simmons was charged with kidnaping Miss S.”
People v. Knowles, 217 P.2d 1 (Cal. 1950).
· cites it 4× “) [3] Before its amendment in 1933, Penal Code, section 209 provided that "Every person who maliciously, forcibly or fraudulently takes or entices away any person with intent to restrain such person and thereby to commit extortion or robbery, or exact from the relatives or…”
People v. James, 2007 Cal. Daily Op. Serv. 2567 (Cal. Ct. App. 2007).
· cites it 3× “§ 211), two counts of kidnapping for robbery (Pen. Code, § 209, subd. (b)(1)), and three counts of assault (Pen.”
— Cal. Penal Code § 209(A) — 2 cases
— Cal. Penal Code § 209(a) — 6 cases
— Cal. Penal Code § 209(b) — 8 cases
People v. Robertson, 12 Cal. Daily Op. Serv. 9570 (Cal. Ct. App. 2012).
“(Pen. Code, §§ 209, subd. (b)(1), 289, subd.”
— Cal. Penal Code § 209(b)(1) — 6 cases
— Cal. Penal Code § 209(b)(2) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.