Every person who and will be forced,by any other person or means of
Forcing fear, steals or takes, or holds, detains, or arrests any
person in this state of California, and carries the person into another country, state, or county, or into another part of the same county, is guilty of kidnapping. "Kidnapping" is moving a victim a substantial distance, using force or fear to do or detaining a person against their own will.
There are several ways you can violate the California Laws of Kidnapping, under Penal Code 207, 208, 209. Below are a list of some of the ways in violating the kidnapping laws.
Move another person from one place to another.
A substantial distance without that person's consentby using force or fear.
That you physically and intentionally inflict some physical force upon the victim.
That you actually threaten to hurt or inflict serious physical harm.
By moving forcefully and unwillingly:
Use force, fear or fraud upon a victim who is a child under 14 years of age,
accompany the kidnapping with a demand for ransom, that can cause the victim to suffer serious bodily harm or death, kidnap another person while you are violating Penal Code 215 PC California's carjacking law, or
Violate a number of other laws that relate to kidnapping, by force, fear and intentionally harm ,the offense elevates to aggravated kidnapping.2 Aggravated kidnapping is a more serious charge, a conviction for which carries life in prison.
Examples of kidnapping:
Tying someone up without consent, moving him or her to a desolate location, then calling her family and demanding that they pay ransom for the release of him or her release.
By holding a gun to someone's head without knowledge, and demanding that he drives you away from the store you just robbed without consent, by force.
Ordering a woman out of a busy store by force, out onto the street without consent, into a back alley of the store where nobody is around and then into your car to rape her without consent, all under the threat of killing her daughter if she doesn't go with you to an unknown destination.
Telling your girlfriend's 8-year-old son that you are taking him to the movies when you have no intention of doing so, in fact, you have no such intention and are simply "hiding" him from his mother after finding out that she cheated on you and you intentiontly force the child to go with you and away from him mother in fear.
"Simple" kidnapping is a felony in the state of California and is a very serious charge. It is subjecting you to up to 8 years in the California state prison which are very serious and very over crowded. Many prisoners are very dangerous and are there for life or very long sentences.. Aggravated kidnapping...also a felony...carries a sentence of five years to life, however every case and situtation is different. It really depends on the facts of the case. And because kidnapping is a strike under California's three strikes law, you must serve at least 85% of your sentence before you are eligible for release. California takes this crime very serious and will try to get the maximum sentence. Also the bail is very high in California, and requires much collateral. Depending on your priors, most bail bonds company will require ankle bracelets. Depending on your priors, if you are a repeat offender with more than 2 strikes, the court could impose a no bail due to the serious of the case. Because it is such a serious crime, some bail companies will not even want the risk.
In the United States people have the right to freedom of speech and is guaranteed by the first Amendment of the Constitution. The First Amendment States “ Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
What are Civil Rights Violations in California?
Civil Rights defined in California are, violations against people that are commitede based solely on their aftual race, ethnicity, sexual orientation, religion, nationality, gender or a disability. When a Civil Right Violation is perceived against a person because it’s believed that they’re gay, black or another status, even if they are not.
Kinds of Civil Rights that are Forbidden by the Law
Threats, verbal or written
Physical assault or attempted assult
Vandalism or property damage
How These Laws Help
Penal Code Sections are written to punish people who have violated the rights of others. There are many Civil remedies that provide protection for persons who have been threatened with violence and momney damage to persons who have been harmed by violence or threats. These Civil re;medies are available under the Ralph and Bane Acts , and include:
A person may obtain a restraing order from a court, it must be served upon the person who is threating to harm you and your family, and or property
Includes the cost of medical, lost wages, repairing property and emotional stress and suffering
A court can order an additional payment ot punish the wrongdoer
A fine can be issued in the amout of $25,000.00, which is paid to the victim
Can be ordered that the person you are suing pay the victim’s attorney’s fees
Bail Amounts Associated with the Civil Rights Violations
Each State had different bail amounts and will vary depending on the Civil Rights Crime. If a person commits a misdemeanor or felony, other than the restriction of civil rights, they can be charged with a hate crime. This will constitute a misdemeanor unless the crime committed caused an injury, resulted in property damage of more than $950.00 or if the person accused was previously convicted of a hate crime.
In California, if a person who is interfering with someone’s civil rights, without violence for example, it constitutes a $10,000.00 bail amount in Los Angeles County. However, in Los Angeles County, if a hate crime has been violated this will add an additional @25,000.00 bail to whatever bail was set under the underlying crime. Santa Barbara and Sonoma Counties have the same $25,000.00 bail amounts. When this bail amount is set, you should call Access Bail Bonds; we can address the bail amount set and post the bail immediately. Every situation is different, and every bail amount depends on the crime.
What happens if you Violate Someone’s Civil Rights?
When a civil right violation occurs, when no other crime committed. It can result in one year in jail; fines can reach as high as $5,000.00, plus additional 400 hours of community service. When committing a civil rights felony, the fine can be as high as $10,000.00 and three years in prison.