PC 208(b) Kidnapping a Child Under 14: Law, Penalty & Defense. CA Criminal Defense Lawyers Explain Penal Code 208(b).
- Mar 21
- 5 min read
Information on the crime of kidnap child under fourteen (14), is found at California penal code section 208(b). The following is a summary of the law, penalties and common defenses related PC 208(b). For further information, contact our California criminal defense lawyers for a free consultation.
PC 208(b) Law & Penalty
Per California penal code 208(b) kidnapping a person, who is under 14 years of age at the time of the kidnapping, is punishable by imprisonment in the state prison for either 5, 8, or 11 years (PC 208(b) Abbrev.).
Note: A probation sentence, without or without incarceration, might be available to some defendants after conviction for PC 208(b) (See Probation Sentence Below).
Kidnapping Defined: “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” (PC 207(a) Definition).
Triad Sentencing: Whether the defendant receives a 5, 8, or 11 year prison sentence (or probation sentence) is determined by the presence or absence of any mitigating or aggravating factors in the facts of the case, such as the defendant’s criminal history, the harm caused to the child, if any, the terms of any plea bargain between the criminal defense and the district attorney, and more.
PC 1170(H) Sentencing: If found guilty of kidnap child under 14, and the defendant is not granted a probation sentence (See Probation Sentence Below), then the defendant must be incarcerated in a California state prison, as opposed to a local county jail, and no part of the defendant’s prison sentence may be “split” (partially served in prison and partially served out of prison), or “suspended" (not served unless the defendant violates conditions of his suspended sentence). See PC1170(H)
Probation Sentence: A probation sentence is a period of supervision, as opposed to incarceration. A probation sentence after a conviction for PC 208(b) is allowed, but a probation sentence is never guaranteed.
Also, PC 208(b) is classified as a felony, as opposed to a misdemeanor. This means that the terms of any probation sentence will be formally supervised by a felony probation officer. See Misdemeanor v. Felony Probation.
Whether the defendant receives a probation sentence, as opposed to a state prison sentence, after a conviction for penal code 208(b) depends on many factors, including the defendant’s criminal history, the harm, if any, to the child victim, the remorse shown by the defendant, if any, the level of sophistication used to commit the crime, and more.
Jail Sentence with Probation: Per PC 208(c), “In all cases in which probation is granted, the court shall, except in unusual cases where the interests of justice would best be served by a lesser penalty, require as a condition of the probation that the person be confined in the county jail for 12 months (PC 208(c)).
If the court grants probation without requiring the defendant to be confined in the county jail for 12 months, it shall specify its reason or reasons for imposing a lesser penalty (PC 208(c)).
Strike Offense: The crime of kidnapping a child under fourteen (14) is classified as a both a serious offense (PC 1192.7(c)) and a violent offense (PC 667.5(c)).
As such, PC 208(b) is classified as a “strike” offense under CA Three Strikes Sentencing Law. This means that subsequent felony convictions will carry much greater punishment, including much longer prison sentences related to the subsequent crime.
Reduced Conduct Credits: A prison sentence related to penal code 208(b) is subject to reduced “good conduct” credits. This means that the prisoner must be served at least eighty-five percent (85%) of his or her prison sentence before he or she is released
Release from prison is followed by traditional parole for up to eleven (11) years, as opposed to a three (3) year Post-Release Community Supervision (PRCS) that is available for most non-strike offenses.
Firearm Prohibition: Any conviction for penal code 208(b) carries a lifetime firearm ban for the defendant. This includes a lifetime ban on the use and/or possession of firearms, firearm ammunition and body armor.
CIMT: The crime of kidnapping a person under 14 years of age is classified as a “crime involving moral turpitude.” A crime involving moral turpitude is any criminal offense that involves immoral behavior or deceit, including PC 208(b) offenses.
Crimes involving moral turpitude carry additional direct and indirect penalties and consequences, including deportation and denial of entry into the United States for non-US citizens (See Immigration Consequences for Criminal Conduct), suspension and denial of professional licensure (See Professional Licenses & Criminal Conduct), and military personnel (i.e., denial of entry or discharge from the armed serves).
Additional Penalties: In addition to any prison or probation sentence, if found guilty of PC208(b), the defendant will face restitution to the victim, criminal protective orders, civil lawsuits, court fines and fees, loss of family law rights, and more.
PC 208(b) Defenses
Common defenses to PC 208(b) crimes include insufficient evidence to prove the defendant intended to kidnap the child, statute of limitations (8 years), mistake of fact, self-defense, defense of others, illegal Search and Seizure, violation of Miranda Rights, coerced confession, insanity, and more.
Statutory Defense: Per California law, PC 208(b) is not applicable to the taking, detaining, or concealing, of a minor child by a biological parent, a natural father…, an adoptive parent, or a person who has been granted access to the minor child by a court order. However, different criminal charges may apply in these situations, see PC 273.6 Crimes.
For more information on defenses to PC 208(b), see Common Defenses to CA Crimes.
Post-Conviction Options: After conviction for kidnapping of a child under fourteen (14), the defendant might have some post-conviction options depending of the facts of the conviction, including appealing the felony conviction, withdraw of a guilty plea (PC 1018), petition for certificate of rehabilitation (PC 4852) and more.
For more information on the California crime of kidnap a person under 14 (PC208(b)), contact our criminal defense lawyers for a free consultation.
Our team of experienced criminal defense lawyers have successfully handled hundreds of felony and misdemeanor crimes in the cities and courts of Redlands, Rancho Cucamonga, Fontana, Riverside, Victorville, Ontario, Rialto, Yucaipa, and more. Call today!
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