Attempted Kidnapping (Penal Code § 664/207) in California

Been accused of attempted kidnapping in California?

Most people don’t realize attempted kidnapping carries nearly the same penalties as the completed crime. A conviction doesn’t just mean prison time – it means a strike on your record that follows you for life.

At The Nieves Law Firm, we see what happens when good people face these serious charges. Let’s break down what attempted kidnapping really means in California, what prosecutors must prove, and how to fight back.

Legal Elements of Attempted Kidnapping in California

California law creates attempted kidnapping by combining two statutes:

Penal Code § 207(a) defines kidnapping as:

“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.”

Penal Code § 664(a) covers criminal attempts, stating:

“Every person who attempts to commit any crime, but fails, or is prevented or intercepted in its perpetration, shall be punished where no provision is made by law for the punishment of those attempts… by imprisonment in the state prison or in a county jail, respectively, for one-half the term of imprisonment prescribed upon a conviction of the offense attempted.”

When merged, attempted kidnapping (PC § 664/207) means taking direct, concrete steps toward kidnapping someone—even if you never completed the act.

What does this mean for you? Prosecutors don’t need to prove you successfully kidnapped anyone. They only need to show you took clear, deliberate actions toward doing so with the specific intent to kidnap.

This could include:

• Grabbing someone with the intent to move them
• Trying to force them into a vehicle, or
• Threatening them to make them go somewhere against their will

Even if the alleged victim escaped, someone intervened, or you changed your mind, you can still face serious attempted kidnapping charges carrying up to half the prison time of a completed kidnapping.

What Makes This a “Direct Step” and Not Just a Bad Idea?

This is crucial: thinking about kidnapping someone or making vague plans isn’t enough. Prosecutors must prove you took a “direct step” beyond mere preparation.

California courts define a “direct step” as an action that shows clear intent and would have resulted in kidnapping if not for intervention or circumstances beyond your control.

Examples of direct steps courts have considered sufficient:

• Physically grabbing or restraining someone to move them
• Forcing or attempting to force someone into a vehicle
• Brandishing a weapon and demanding someone go with you
• Lying in wait for a specific victim with restraints or tools
• Driving someone somewhere against their will before they escape

The Full Legal Elements Prosecutors Must Prove

For a conviction, prosecutors must prove each element beyond reasonable doubt:

1. Specific intent to kidnap: You specifically meant to take someone and move them a substantial distance
2. Direct step: You went beyond preparation and took concrete action toward kidnapping
3. Force or fear: Your plan involved using physical force or instilling fear
4. Lack of consent: The person didn’t consent to being moved
5. Substantial movement: Your plan involved moving the person a significant distance

Missing just one element means the charge should fail. This creates multiple angles for your defense.

What “Substantial Distance” Really Means in Court

California courts don’t define “substantial distance” by exact feet or miles. Instead, they consider:

• Actual distance (though even short distances have qualified)
• Whether the movement increased risk to the victim
• Whether the movement decreased the chance of being caught

Real case examples where courts found “substantial movement”:

• Moving a victim 29 feet from outside a motel room to the bathroom
• Moving victims 840 feet along a street at night
• Moving a victim 40-50 feet from a driveway into a camper

Examples rejected as insufficient:

• Moving a victim from the front to the back of a laundromat
• Moving a victim 40 feet within the same parking lot

This “substantial distance” requirement creates a potential defense if your alleged actions involved minimal movement.

Penalties of Kidnapping in California

Attempted kidnapping punishments hit hard:

For attempted simple kidnapping:

• 18 months, 2.5 years, or 4 years in state prison
• Fines up to $10,000
• Formal probation with strict conditions

For attempted aggravated kidnapping (for ransom, reward, or extortion):

• 5, 7, or 9 years in state prison
• Fines up to $10,000

Beyond these direct penalties, a conviction also means:

• A strike under California’s Three Strikes Law (doubling sentences for future felonies)
• Possible immigration consequences including deportation
• Difficulty finding employment or housing
• Loss of voting rights while incarcerated
• Potential loss of professional licenses

Real Legal Defenses That Work in Court

These defenses have succeeded in attempted kidnapping cases:

1. No Intent to Kidnap

If your actions were misinterpreted or you had a completely different purpose, you can’t be guilty of attempted kidnapping. For example, if you grabbed someone’s arm to prevent them from falling or to get their attention—not to kidnap them—you lacked the required intent.

2. No Direct Step

Thinking about kidnapping someone isn’t a crime. Planning it isn’t enough either. Your defense can focus on showing your actions never crossed from preparation into a direct step.

3. Consent

If the person willingly went with you, there was no kidnapping attempt. Even if consent was later withdrawn, your actions before withdrawal may be legal.

The law also recognizes “reasonable belief in consent” as a defense. If you reasonably believed the person consented based on their words or actions, this can create reasonable doubt.

4. Insufficient Movement Planned

If your alleged plan involved minimal movement, your attorney can argue it wouldn’t qualify as kidnapping even if completed.

5. Mistaken Identity/False Accusation

Eyewitness identifications are notoriously unreliable. If you were wrongly identified or falsely accused, your attorney can challenge witness credibility and look for inconsistencies.

6. Parental Rights Exception

Parents with legal custody generally cannot kidnap their own children. However, this exception doesn’t apply if you took the child for an illegal purpose.

7. Constitutional Violations

If police violated your rights during the investigation—like conducting illegal searches, forcing confessions, or denying your right to an attorney—evidence may be suppressed.

Attempted Kidnapping vs. Related Charges

Understanding related charges helps with potential plea negotiations:

False Imprisonment (PC 236):

• Doesn’t require movement
• Can be a misdemeanor
• Lacks the “substantial distance” element
• Potential felony carrying 16 months, 2 years, or 3 years

Assault (PC 240):

• Misdemeanor
• Attempt to use force on another person
• Maximum 6 months in county jail
• No movement element

Criminal Threats (PC 422):

• Threatening to harm someone, causing reasonable fear
• Can be misdemeanor or felony
• No movement element
• Potential felony carrying 16 months, 2 years, or 3 years

Critical Court Process Timeline

Know what to expect if you’re charged:

1. Arrest and Booking: Fingerprinting, photos, personal information recorded
2. Arraignment: First court appearance where charges are formally presented
3. Bail Hearing: Judge determines whether to grant bail and sets amount
4. Preliminary Hearing: Prosecution must show sufficient evidence to proceed
5. Pretrial Motions: Your attorney files motions to suppress evidence or dismiss charges
6. Plea Negotiations: Potential to reduce charges or sentencing
7. Trial: Presentation of evidence before a jury
8. Verdict: Jury determines guilt or innocence
9. Sentencing: If convicted, judge determines punishment

Little-Known Facts About Attempted Kidnapping Cases

These facts could impact your defense:

• Movement during other crimes: If movement was merely incidental to another crime (like robbery), it may not support a kidnapping charge
• Mental illness considerations: If you suffered from a mental disorder affecting your ability to form intent, this may reduce charges
• Voluntary intoxication: While not a complete defense, evidence of severe intoxication may challenge the “specific intent” element
• Self-defense in response to threats: If you moved someone to protect yourself from imminent harm, this may provide a defense
• Protection of children exception: Moving a child under 14 to protect them from imminent harm is explicitly exempted under PC 207(f)(1)

How We Fight Attempted Kidnapping Charges

When you work with The Nieves Law Firm, we build your defense by:

1. Thoroughly investigating the facts: We examine all evidence, interview witnesses, and look for surveillance footage that might contradict the allegations
2. Challenging the legal elements: We force prosecutors to prove every element beyond reasonable doubt
3. Filing strategic motions: We seek to suppress illegally obtained evidence and dismiss charges when appropriate
4. Consulting with experts: We work with forensic experts and private investigators to build your case
5. Preparing for trial: We develop a compelling narrative for the jury while poking holes in the prosecution’s case
6. Negotiating from strength: When appropriate, we leverage case weaknesses to secure better plea offers

What To Do Right Now If You’re Facing Kidnapping Charges

If you’ve been charged with attempted kidnapping in California, take these steps immediately:

1. Stay silent: Don’t discuss your case with anyone but your attorney—police, family, friends, or cellmates
2. Preserve evidence: Save any texts, emails, videos, or other evidence that might help your case
3. Document witness information: Make note of anyone who witnessed the events
4. Avoid contact: Don’t contact the alleged victim or witnesses under any circumstances
5. Get professional help: Contact an experienced criminal defense attorney right away

The right legal team makes all the difference in attempted kidnapping cases. At The Nieves Law Firm, we understand what’s at stake and how to fight for your future.

Don’t let one accusation define the rest of your life. Contact us today for a free, confidential consultation where we’ll review your case and help you understand your options.