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.
Human Trafficking California Penal Code 236.1
Human Trafficking is a $32 billion global industry that remains to be one of California’s most difficult crimes to monitor. California General Attorney 2012 report state that Human Trafficking estimates that there are 20.9 million victims worldwide.
Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, in which the person has not attained 18years of age: or
Labor or services, thought the use of force, fraud or coercion for the purpose of involuntary services, peonage, debt bondage or slavery
Different types of Human Trafficking:
Sex Trafficking or slavery is forcing human beings into any form of commercial sexual exploitation. Commercial sexual exploitation includes pornography, prostitution and the sex trafficking of women and girls, and can be an exchange for goods or money. Seventy nine percent of human trafficking victims are women and girls and most end up in sex slavery.
Punishment and Sentencing Guidelines:
PC 236.1 (a) Any person who deprives or violates the personal liberty
of another with the intent to obtain forced labor or services, is
guilty of human trafficking and shall be punished by imprisonment in
the state prison for 5, 8, or 12 years and a fine of not more than
five hundred thousand dollars ($500,000).
(b) Any person who deprives or violates the personal liberty of
another with the intent to effect or maintain a violation of Section
266, 266h, 266i, 266j, 267, 311.1, 311.2, 311.3, 311.4, 311.5, 311.6,
or 518 is guilty of human trafficking and shall be punished by
imprisonment in the state prison for 8, 14, or 20 years and a fine of
not more than five hundred thousand dollars ($500,000).
(c) Any person who causes, induces, or persuades, or attempts to
cause, induce, or persuade, a person who is a minor at the time of
commission of the offense to engage in a commercial sex act, with the
intent to effect or maintain a violation of Section 266, 266h, 266i,
266j, 267, 311.1, 311.2, 311.3, 311.4, 311.5, 311.6, or 518 is
guilty of human trafficking. A violation of this subdivision is
punishable by imprisonment in the state prison.
Both at the state and local level include case management, victim advocacy, housing, food, medical and dental care, health management treatment, substance abuse treatment, counseling, immigration and legal assistance and employment training services. The Obama Administration recently outlined four year plan to strengthen their efforts to combat human trafficking.
Difference between Human Trafficking and Smuggling:
Though they are often confused, human trafficking and smuggling are separate and fundamentally different crimes. Human trafficking is a crime against the person whereas smuggling is a crime against the state. Smuggling occurs when a person voluntarily requests or hires a person, known as a smuggler, to transport him or her across a border for a fee.
At least theoretically, a person who is smuggled into the United States is free to leave upon payment of a prearranged fee, while a victim of human trafficking is enslaved to supply labor or services. Unlike smuggling, the crime of human trafficking does not require travel or transportation of the victim across borders. Thus, human trafficking can (and does) occur domestically, with victims who are born and raised in California and other states.