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PC 210.5 Taking hostages; Punishment

PC 210.5 Taking hostages; Punishment

Every person who commits the offense of false imprisonment, as defined Section 236, against a person for purposes of protection from arrest, which substantially increases the risk of harm to the victim, or for purposes of using he person as a shield is punishable by imprisonment pursuant to subdivisions (h) of Section 1170 for three, five, or eight years.

What are the elements of PC 210.5 Taking Hostages?

1. Defendant intentionally and unlawfully restrained, confined, or detained another person compelling him or her to stay or go somewhere.

2. The defendant's action were for the purpose of self protection from arrest or to use the victim as a shield.

3. Victim did not consent to the restraint, confinement, or detention.

4. The defendant's acts of offense substantially increased the risk of harm to the victim.

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