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Questions and Answers
Which section of the Penal Code defines the crime of kidnapping?
Which section of the Penal Code defines the crime of kidnapping?
- Section 207 (correct)
- Section 248
- Section 210
- Section 288
What is the punishment for kidnapping under the Penal Code?
What is the punishment for kidnapping under the Penal Code?
- 5 years in prison
- 2 years in prison
- 10 years in prison
- Life imprisonment (correct)
Which of the following actions constitutes kidnapping according to the Penal Code?
Which of the following actions constitutes kidnapping according to the Penal Code?
- Forcibly taking a person to another part of the same county
- Persuading a child under 14 years to leave the state
- Instilling fear in a person and taking them out of the country
- All of the above (correct)
What is the minimum age for a child to be considered a victim of kidnapping under the Penal Code?
What is the minimum age for a child to be considered a victim of kidnapping under the Penal Code?
Under what circumstances can a person be guilty of kidnapping under the Penal Code?
Under what circumstances can a person be guilty of kidnapping under the Penal Code?
What is the intent behind kidnapping under the Penal Code?
What is the intent behind kidnapping under the Penal Code?
Which of the following is NOT a means of committing kidnapping under the Penal Code?
Which of the following is NOT a means of committing kidnapping under the Penal Code?
What is the punishment for kidnapping a child under 14 years with the intent to commit an act defined in Section 288?
What is the punishment for kidnapping a child under 14 years with the intent to commit an act defined in Section 288?
What is the required consent for a person to be involved in kidnapping under the Penal Code?
What is the required consent for a person to be involved in kidnapping under the Penal Code?
When was the Penal Code enacted?
When was the Penal Code enacted?
What is the punishment for a person who kidnaps another person during the commission of a carjacking?
What is the punishment for a person who kidnaps another person during the commission of a carjacking?
When does this section apply?
When does this section apply?
What condition is required for probation to be granted?
What condition is required for probation to be granted?
What happens if the court grants probation without requiring the defendant to be confined in the county jail for 12 months?
What happens if the court grants probation without requiring the defendant to be confined in the county jail for 12 months?
What is the maximum punishment for a person who kidnaps another person during the commission of a carjacking?
What is the maximum punishment for a person who kidnaps another person during the commission of a carjacking?
What is the purpose of the movement of the victim in the context of carjacking?
What is the purpose of the movement of the victim in the context of carjacking?
What is the minimum punishment for a person who kidnaps another person during the commission of a carjacking?
What is the minimum punishment for a person who kidnaps another person during the commission of a carjacking?
What is the purpose of requiring the person to be confined in the county jail for 12 months as a condition of probation?
What is the purpose of requiring the person to be confined in the county jail for 12 months as a condition of probation?
What is the exception to requiring the person to be confined in the county jail for 12 months as a condition of probation?
What is the exception to requiring the person to be confined in the county jail for 12 months as a condition of probation?
When did this section become effective?
When did this section become effective?
Which of the following is true about kidnapping in California?
Which of the following is true about kidnapping in California?
What is the punishment for kidnapping a person under 14 years of age in California?
What is the punishment for kidnapping a person under 14 years of age in California?
Under what circumstances does subdivision (b) of Section 209 apply?
Under what circumstances does subdivision (b) of Section 209 apply?
What is the punishment for kidnapping a person to commit robbery, rape, or other specified offenses in California?
What is the punishment for kidnapping a person to commit robbery, rape, or other specified offenses in California?
What is the punishment for kidnapping a person to commit robbery, rape, or other specified offenses if the victim is moved beyond that merely incidental to the offense?
What is the punishment for kidnapping a person to commit robbery, rape, or other specified offenses if the victim is moved beyond that merely incidental to the offense?
Under what circumstances does subdivision (a) of Section 208 apply?
Under what circumstances does subdivision (a) of Section 208 apply?
What is the punishment for kidnapping a person with intent to hold or detain in California?
What is the punishment for kidnapping a person with intent to hold or detain in California?
Under what circumstances does subdivision (d) of Section 209 apply?
Under what circumstances does subdivision (d) of Section 209 apply?
Which of the following conditions must be met for a person to be punished for kidnapping during a carjacking?
Which of the following conditions must be met for a person to be punished for kidnapping during a carjacking?
When does the punishment for kidnapping during a carjacking include the possibility of parole?
When does the punishment for kidnapping during a carjacking include the possibility of parole?
What is the punishment for a person who kidnaps another person during a carjacking?
What is the punishment for a person who kidnaps another person during a carjacking?
Under what circumstances can a person be granted probation for kidnapping during a carjacking?
Under what circumstances can a person be granted probation for kidnapping during a carjacking?
What is the required confinement period for a person who is granted probation for kidnapping during a carjacking?
What is the required confinement period for a person who is granted probation for kidnapping during a carjacking?
When can the court grant probation for kidnapping during a carjacking without requiring confinement in the county jail for 12 months?
When can the court grant probation for kidnapping during a carjacking without requiring confinement in the county jail for 12 months?
What must the court do if it grants probation for kidnapping during a carjacking without requiring confinement in the county jail for 12 months?
What must the court do if it grants probation for kidnapping during a carjacking without requiring confinement in the county jail for 12 months?
Under what circumstances can the court require a lesser penalty for kidnapping during a carjacking?
Under what circumstances can the court require a lesser penalty for kidnapping during a carjacking?
What is the purpose of the condition of confinement in the county jail for 12 months for a person who is granted probation for kidnapping during a carjacking?
What is the purpose of the condition of confinement in the county jail for 12 months for a person who is granted probation for kidnapping during a carjacking?
When was the punishment for kidnapping during a carjacking added to the Penal Code?
When was the punishment for kidnapping during a carjacking added to the Penal Code?
According to the Penal Code, what is the punishment for kidnapping a person and holding them for ransom or to commit extortion?
According to the Penal Code, what is the punishment for kidnapping a person and holding them for ransom or to commit extortion?
What is the punishment for kidnapping a person and carrying them away to commit robbery, rape, or any violation of Section 288 or 289?
What is the punishment for kidnapping a person and carrying them away to commit robbery, rape, or any violation of Section 288 or 289?
Under what circumstances can a person be charged with both kidnapping and Section 667.61 of the Penal Code?
Under what circumstances can a person be charged with both kidnapping and Section 667.61 of the Penal Code?
What is the punishment for kidnapping a child under 14 years with the intent to commit an act defined in Section 288?
What is the punishment for kidnapping a child under 14 years with the intent to commit an act defined in Section 288?
What is the punishment for kidnapping a person and intentionally confining them in a manner that exposes them to a substantial likelihood of death?
What is the punishment for kidnapping a person and intentionally confining them in a manner that exposes them to a substantial likelihood of death?
Under what circumstances can a person be guilty of kidnapping under the Penal Code?
Under what circumstances can a person be guilty of kidnapping under the Penal Code?
What is the required consent for a person to be involved in kidnapping under the Penal Code?
What is the required consent for a person to be involved in kidnapping under the Penal Code?
What is the intent behind kidnapping under the Penal Code?
What is the intent behind kidnapping under the Penal Code?
What is the minimum age for a child to be considered a victim of kidnapping under the Penal Code?
What is the minimum age for a child to be considered a victim of kidnapping under the Penal Code?
Which of the following is NOT a means of committing kidnapping under the Penal Code?
Which of the following is NOT a means of committing kidnapping under the Penal Code?
Which of the following actions is considered kidnapping under the Penal Code?
Which of the following actions is considered kidnapping under the Penal Code?
Under what circumstances can a person be punished with life imprisonment without parole for kidnapping under the Penal Code?
Under what circumstances can a person be punished with life imprisonment without parole for kidnapping under the Penal Code?
What is the punishment for kidnapping a person to commit robbery, rape, or other specified offenses in California?
What is the punishment for kidnapping a person to commit robbery, rape, or other specified offenses in California?
Under what circumstances can a person be granted probation for kidnapping during a carjacking without requiring confinement in the county jail for 12 months?
Under what circumstances can a person be granted probation for kidnapping during a carjacking without requiring confinement in the county jail for 12 months?
What is the required confinement period for a person who is granted probation for kidnapping during a carjacking?
What is the required confinement period for a person who is granted probation for kidnapping during a carjacking?
Under what circumstances does subdivision (b) of Section 209 apply?
Under what circumstances does subdivision (b) of Section 209 apply?
What is the punishment for a person who kidnaps another person during the commission of a carjacking?
What is the punishment for a person who kidnaps another person during the commission of a carjacking?
What is the purpose of requiring the person to be confined in the county jail for 12 months as a condition of probation?
What is the purpose of requiring the person to be confined in the county jail for 12 months as a condition of probation?
What is the intent behind kidnapping under the Penal Code?
What is the intent behind kidnapping under the Penal Code?
What is the punishment for kidnapping a person with the intent to hold or detain in California?
What is the punishment for kidnapping a person with the intent to hold or detain in California?
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Study Notes
Kidnapping under California Penal Code
- Section 207 of the California Penal Code defines the crime of kidnapping.
- Punishment for Kidnapping:
- Imprisonment in the state prison for two, three, or five years.
- Kidnapping Elements:
- Forcible movement of a person against their will.
- Movement must be more than merely incidental to the commission of another crime.
Kidnapping of a Child Under 14 for Sexually Motivated Crimes
- Section 208 of the Penal Code addresses kidnapping of children under 14 years of age.
- Punishment:
- Kidnapping a child under 14 years of age with the intent to commit an act defined in Section 288 (lewd or lascivious acts with a child) can result in life imprisonment with the possibility of parole.
Kidnapping for Ransom, Robbery, Rape, etc.
- Section 209 of the Penal Code addresses kidnapping for ransom or to commit robbery, rape, or other specified offenses.
- Punishment:
- Life imprisonment without the possibility of parole.
- If the victim is moved beyond that which is merely incidental to the commission of the crime, the punishment increases to life imprisonment without the possibility of parole.
Kidnapping During Carjacking
- Section 209.5 of the Penal Code addresses kidnapping during carjacking.
- Punishment:
- Life imprisonment with the possibility of parole.
- Probation:
- Probation is possible if the person is confined to the county jail for 12 months.
- The court can grant probation without requiring confinement if the defendant's conduct is deemed "extraordinary," but must impose other conditions.
- Purpose of Confinement:
- The confinement requirement aims to deter future criminal activity and ensure public safety.
- Section 209.5 became effective on January 1, 1992.
- Movement of the victim:
- The movement must be more than merely incidental to the commission of a carjacking.
General Kidnapping Considerations
- Intent: The intent behind kidnapping must be to hold or detain the victim.
- Consent: Consent is not a defense to kidnapping.
- Minimum Age: There is no minimum age for a child to be considered a victim of kidnapping.
Other Kidnapping Offenses
- Section 667.61: A person can be charged with both kidnapping and Section 667.61 (sentence enhancement for serious felony offenses) if the kidnapping was committed during the commission of a specified crime, such as robbery, rape, or other specified offenses.
- Life Imprisonment Without Parole: Kidnapping can result in life imprisonment without parole if the victim is intentionally confined in a manner that exposes them to a substantial likelihood of death.
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