Penal Code 208b PC - California's child kidnapping law - is a serious offense, with potentially harsh prison sentences for those convicted.
In this video, former Los Angeles prosecutor and California criminal defense lawyer Neil Shouse discusses the law of Penal Code 208b, the penalties and punishment upon conviction, and the best legal defenses.
Penal Code 208b makes it a crime to kidnap a child under the age of 14. It is considered a form of "aggravated kidnapping" under California law, and thus carries harsher penalties than many other kidnapping crimes. Someone who is convicted of this crime, could be sentenced to as much as 11 years in state prison and a fine of up to $10,000. Whereas regular, or "simple kidnapping" carries a maximum penalty of up to 8 years in prison.
California's other forms of aggravated kidnapping include: kidnapping for ransom, kidnapping in order to commit another crime such as lewd acts with a child, or kidnapping in order to steal a car, also known as "carjacking".
Although California treats PC 208b, and all forms of aggravated kidnapping, very seriously, there are still many circumstances where a person may be falsely accused of this crime. If the child consented to being moved, then the defendant did not commit the underlying crime of PC 208b. Mistaken eyewitness identification, such as being wrongfully picked out of a police lineup, could also lead to a false arrest, or even a false conviction. And if the police violated your constitutional rights with illegal search and seizure, or stopping you without probable cause, then any evidence they gathered can be thrown out of court by a judge, and could lead to the charges being dismissed.
More info at https://www.shouselaw.com/kidnap-minor
or call (888) 327-4652 for a free consultation.
If you or a loved one is charged with a crime we invite you to contact us at Shouse Law Group. We can provide a free consultation in office or by phone. We have local offices in Los Angeles, the San Fernando Valley, Pasadena, Long Beach, Orange County, Ventura, San Bernardino, Rancho Cucamonga, Riverside, San Diego, Sacramento, Oakland, San Francisco, San Jose and throughout California.
Penal Code 208b - What's the Penalty for Kidnapping a Minor class action lawsuit philippines | |
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| Education | Upload TimePublished on 20 Aug 2019 |
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