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PC 209 Kidnap for Ransom or Extortion -- Penalty -- Parole Possibilities.

PC 209 Kidnap for Ransom or Extortion -- Penalty -- Parole Possibilities

(a) Any person who seizes, confines, inveigles, entices, decoys, abducts, conceals, kidnaps or carries away another person by any means whatsoever with intent to hold or detain, or who holds or detains, that person for ransom, reward or to commit extortion or to exact from another person any money or valuable thing, or any person who aids or abets any such act, is guilty of a felony, and upon conviction thereof, shall be punished by imprisonment in the state prison for life without possibility of parole in cases which any person subjected to any such act suffers death or bodily harm, or is intentionally confined in a manner which exposes that person to a substantial likelihood of death, or shall be punished by imprisonment in the state prison for life with the possibility of parole in cases where no such person suffers death or bodily harm.

(b)(1) Any person who kidnaps or carries away any individual to commit robbery ,rape, spousal rape, oral copulation, sodomy, or sexual penetration in violation f Section 289, shall be punished by imprisonment in the state prison for life with possibility of parole.

(2) This subdivisions shall only apply if the movement of the victim is beyond that merely incidental to the commission of, and increases the risk of harm to the victim over and above that necessarily present in, the intended underlying offense.

(c) In all cases in which probation 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 b confined in the county jail for 12 months.  If the court grants probation without requiring he defendant to be confined in the county jail for 12 months, it shall specify its reason or reasons for imposing a lesser penalty.

(d) Subdivisions (b) shall not be construed to supersede or affect Section 667.61.  A person may be charged with a violation of subdivisions (b) and Section 667.61.  However, a person may not be punished under subdivisions (b) and Section 667.61 for the same act that constitutes a violation of both subdivisions (b) and Section 667.61.

What are the elements of PC 209 Kidnapping for Ransom?

1. Defendant kidnapped a person.

2. Defendant acted with the intent to hold or detain the victim for ransom, reward or to commit extortion or to exact from another person many money or valuable things.

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