Many people think that the terms “kidnapping” and “child abduction” are interchangeable. However, California law differentiates these two offenses and considers them two different crimes. Whether law enforcement has arrested you for child abduction or kidnapping, it’s essential that you reach out to a skilled and experienced Los Angeles County criminal defense lawyer right away to ensure your rights remain protected at every stage of the criminal justice process.
How California Defines Child Abduction
In California, kidnapping offenses are considered to be far more serious than child abduction. California Penal Code Section 278 states, “Every person, not having a right to custody, who maliciously takes, entices away, keeps, withholds, or conceals any child with the intent to detain or conceal that child from a lawful custodian” may be charged with child abduction. Child abduction is usually prosecuted as a felony offense, with penalties ranging from two, three, or four years in prison, up to $10,000 in fines, or both. It can be prosecuted as a misdemeanor, with a punishment of up to a year in jail. Even a parent who is not the child’s legal guardian can face child abduction charges, as long as prosecutors can show that the defendant intended to detain or conceal the child from their legal guardian.
Kidnapping Offenses Under California Law
The legal definition of kidnapping in California is as follows: “Every person who forcibly, or by any other means of instilling fear, steals or takes, or holds, detains, or arrests any person in this state, and carries the person into another country, state, or county, or into another part of the same county, is guilty of kidnapping” (California Penal Code Section 207). You may also be charged with kidnapping if you hired someone else to kidnap the victim or if you committed an act of human trafficking. If convicted of simple kidnapping, you could face up to eight years in state prison, up to $10,00 in fines, or both. Aggravated kidnapping carries even harsher penalties; in some circumstances, you could face life imprisonment for committing this offense.
Both Offenses Carry Serious and Lasting Consequences
The most significant difference between child abduction and kidnapping is that the victim need not be a child to constitute kidnapping. However, if you kidnap someone under the age of 14, you will likely face more serious consequences. Whether you are facing a child abduction or kidnapping charge in Los Angeles County, you should contact a skilled criminal defense lawyer as soon as possible to keep your future as bright as possible. Both of these charges can alter the course of your life dramatically; even after you serve the terms of your sentence, your criminal record will likely limit your housing and employment opportunities. Don’t leave your future up to chance—discuss your case with a knowledgeable criminal defense lawyer today.
Call Wegman & Levin today at (818) 980-4000 to arrange a free consultation with a skilled and experienced Los Angeles County criminal defense lawyer.
