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Kidnapping to Commit a Sex Offense
(Penal Code 209(b))
Law & Punishment
Aggravated kidnapping to commit a sex offense is classified as a violent and serious offense sex crime under California law (PC 209(b)).
PC 209(b) Law
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.).
PC 209(b)(1) Punishment
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.
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.
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.).
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.
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)).
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.
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.
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!