PC 207 defines kidnapping as taking, holding, or detaining another person through force or fear and moving them a substantial distance without their consent. Kidnapping is a serious felony in California, and a conviction can result in years or even a life sentence in state prison depending on the circumstances. This page explains the elements prosecutors must prove, the penalties involved, and how aggravating factors can dramatically increase sentencing exposure.
What PC 207 Prohibits
Kidnapping under PC 207 requires that the defendant moved another person a substantial distance using force or fear, without that person’s consent. The “substantial distance” requirement is not a fixed measurement — courts look at the totality of the circumstances, including whether the movement substantially increased the risk of harm to the victim beyond what was inherent in any underlying crime.
Elements the Prosecution Must Prove
- The defendant took, held, or detained another person.
The defense may argue the alleged detention was brief, incidental, or consensual rather than a true detention against the person’s will. - The defendant used force or fear to accomplish the movement.
This element can be challenged where the alleged victim went along voluntarily or where any force used was minimal and unrelated to the movement itself. - The movement was a substantial distance and without the victim’s consent.
The defense may argue the movement was too minor to qualify, or that it was merely incidental to another crime (such as a robbery) rather than a separate kidnapping.
Penalties for PC 207 Kidnapping
| Offense Level | Prison Time | Fines | Other Consequences |
|---|---|---|---|
| Simple Kidnapping | 3, 5, or 8 years | Up to $10,000 | Strike offense; parole supervision upon release |
| Kidnapping a Child Under 14 | 5, 8, or 11 years | Up to $10,000 | Strike offense; mandatory sex offender registration if committed with intent to violate certain sex offenses |
| Kidnapping for Ransom, Reward, or to Commit Robbery/Sex Offense | Life with possibility of parole (life without parole if victim suffers death or bodily harm) |
Up to $10,000 | Strike offense; extended parole eligibility timeline |
| Kidnapping During Carjacking | Life with possibility of parole | Up to $10,000 | Often charged alongside PC 215 carjacking |
Defenses to PC 207 Charges
Kidnapping defenses often focus on whether the alleged movement truly satisfies the “substantial distance” and “consent” requirements, since these elements are highly fact-specific. Common defenses include arguing the movement was incidental to another offense, that the alleged victim consented or went along voluntarily, mistaken identity, and insufficient evidence of force or fear. Our Violent Crimes Defense team evaluates these factors carefully in every kidnapping case we handle.
Related Statutes
- PC 215 (Carjacking) — frequently charged alongside kidnapping when a victim is moved during a vehicle theft; see PC 215 — Carjacking.
- PC 209 (Kidnapping for Ransom or Robbery) — the aggravated kidnapping statute carrying life sentence exposure.
- PC 278 (Child Abduction) — a related but distinct offense involving the abduction of a child by a parent or relative in custody disputes.
Last updated: July 2026. California kidnapping law is subject to legislative and case-law changes; this page should be reviewed periodically to confirm penalty ranges remain current.
Contact a Kidnapping Defense Attorney
If you are facing PC 207 kidnapping charges, the specific facts of the alleged movement and detention will likely determine your defense strategy. Contact KN Law Firm’s violent crimes defense team today at (888) 950-0011 for a free, confidential consultation.
Charged Under PC 207?
Kidnapping charges carry severe mandatory prison exposure. Speak with Attorney Chris Nalchadjian today — free, confidential consultation.
