Aggravated kidnapping to commit a sex offense is classified as a violent and serious offense sex crime under California law (PC 209(b)).

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PC 209(b) Law

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PC 209(b)(1): A person who kidnaps or carries away an individual to commit robbery, rape, oral copulation, sodomy, rape in concert, lewd acts upon a minor, or sexual penetration by object by force, …is guilty of aggravated kidnapping (PC 209(b) Abbrev.).

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Movement by Force not Required: Movement by force, or "asportation" by force of a victim, is not required to prove penal code 209(b) allegations, so long as the defendant caused the victim to move while the defendant had the intent to commit a robbery or sex offense against the victim.

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Example: In a child molestation case, if the defendant is alleged to have coaxed a child to walk into the defendant's house so that the defendant can commit a lewd or lascivious act upon the child, then aggravated kidnapping is committed. This is true even if the child was not physically forced to walk into the defendant's house.

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Substantial Increase in Danger: The movement caused by the defendant in a PC 209 case must have caused a substantial increase in danger to the victim, but the distance of the movement is otherwise immaterial.

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Example: In a rape by force or fear case (PC 261), if the defendant physically forces his victim to move from one side of his bedroom to another during his rape crime, then PC 209(b) charges are not committed by that fact alone.

 

Compare: In a rape by force or fear case (PC 261), if the defendant reaches out from his parked van and pulls a female pedestrian into his van with the intent to rape the woman, then the defendant commits aggravated kidnapping.

 

In the above example, even though the woman was moved only a few feet in distance, the very short distance substantially increased the danger of physical harm to the woman (i.e., more difficult for the woman to escape the van than the public sidewalk, more difficult for the woman to call for help, etc.).​

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PC 209(b)(1) Punishment

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Prison Sentence: If the defendant is found guilty of aggravated kidnapping pursuant to penal code 209(b), and he or she is not granted a probation sentence (see Probation Sentence below), then the defendant may face up to life in a California state prison.

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Probation Sentence: A probation sentence is a period of supervision, as opposed to a state prison sentence. A probation sentence is allowed in aggravated kidnapping cases, but a probation sentence is not guaranteed.

 

Whether the defendant is granted a probation sentence after a conviction for aggravated kidnapping depends on many factors, including the egregiousness of the fact, the defendant’s criminal history, and more.

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Note: 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 (PC 209(c) Abbrev.).

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Strike Offense: PC 209(b) is classified as a “super strike" offense under California’s Three Strikes Sentencing Law. This means that the defendant may face life in prison upon a conviction for PC 209(b), even if he or she has no prior serious or violent felony convictions. For more information, see PC 667.61.

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Note: A defendant may be charged with both a violation of PC 209(b) [Aggravated Kidnapping], and PC 667.61 [“One Strike” Sex Offense], simultaneously. However, the defendant may not be sentenced for the same act that constitutes a violation of both PC 209(b) and PC 667.61 (PC 209(d) Summarized)).

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Sex Offender Registration: A sex offense related penal code 209(b) conviction requires the defendant to register as a sex offender in California (Exception: If the underlying PC 209(b) offense is robbery, then sex offender registration is not mandatory). For more information, see Sex Offender Registration Requirement.

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Additional Punishment: In addition to a possible prison or probation sentence, if found guilty of the crime of aggravated kidnapping, the defendant could face any of the following additional penalties: loss of immigration status, loss of a professional license, loss of military service options, criminal protective orders, civil lawsuits, restitution to victim, and more.

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PC 209(b) Defenses

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Common defenses to penal code 209(b) allegations include insufficient evidence to prove one or more of the elements of the crime beyond a reasonable doubt, mistake of fact, illegal search and seizure, coerced confession, insanity defense, alibi defense, and more.

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False Allegations: False allegations of kidnapping to commit a sex crime do occur, especially in connection with attempted rape cases and lewd acts against a child cases.

 

Defense against false allegations in PC 209(b) cases comes in a variety of options depending on the facts and circumstances of the case, but perhaps the two most common defenses used against false allegations in sex crimes are 1) alibi defense, and more commonly 2) impeachment of the district attorney's evidence (i.e., discrediting the district attorney's evidence to create insufficient evidence to prove the alleged crime).

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Impeachment of Evidence: The impeachment of evidence is simply the discrediting of the district attorney's evidence used to support the PC 209(b) charges. Impeachment of evidence to sex crimes, including aggravated kidnapping crimes, is covered in more detail at Defense to Sex Crimes.

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Statute of Limitations: There is no statute of limitations for the crime of aggravated kidnapping. This means that the district attorney may commence criminal prosecution for penal code 209(b) charges at any time, and regardless of when the alleged crime occurred.

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For more on defenses to PC 209(b) crimes, see Defenses to Sex Crimes.

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If you or a loved one is charged with aggravated kidnapping, or PC 209(b), contact our sex crimes criminal defense lawyers today for a free consultation.

 

Our team of experienced and winning trial attorneys have helped hundreds of clients charged with misdemeanor and felony sex offenses in Southern California, and we can help you too. Call today!

 

909-913-3138

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