Child Abduction for Sexual Purposes (Penal Code § 207) in California

Child abduction cases involving sexual purposes represent some of the most serious criminal allegations in California’s legal system. When a child is taken or concealed from their lawful custodian, and there’s evidence suggesting sexual motivation, prosecutors typically pursue multiple charges carrying severe penalties.

At David P. Shapiro Criminal Defense Attorneys, we understand the complexity of these cases and the gravity of such allegations. If you’re facing investigation or charges related to child abduction in San Diego County, it’s essential to understand the specific laws involved and secure experienced legal representation immediately.

California’s Child Abduction Laws

California Penal Code § 278 serves as the primary statute addressing child abduction. This law states:

“Every person, not having a right to custody, who maliciously takes, entices away, keeps, withholds, or conceals any child with the intent to detain or conceal that child from a lawful custodian shall be punished by imprisonment in a county jail not exceeding one year, a fine not exceeding one thousand dollars ($1,000), or both that fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years, a fine not exceeding ten thousand dollars ($10,000), or both that fine and imprisonment.”

While PC § 278 doesn’t explicitly mention sexual purposes, when abduction occurs with sexual motivation, prosecutors typically file additional charges under California’s sex crime statutes, creating a comprehensive case addressing both the abduction and the sexual elements.

How California Law Addresses Child Abduction with Sexual Intent

When child abduction involves sexual motives, several statutes typically come into play:

1. Child Abduction (PC § 278)

The base offense involves taking or concealing a child from their lawful custodian without having a right to custody. This is a “wobbler” offense that can be charged as either a misdemeanor or felony, depending on the circumstances.

2. Kidnapping (PC § 207)

When abduction involves moving the victim a substantial distance using force or fear, kidnapping charges may apply alongside child abduction charges. This is a felony punishable by 3, 5, or 8 years in state prison.

3. Aggravated Kidnapping (PC § 208(b))

Kidnapping a child under 14 for the purpose of committing lewd or lascivious acts is specifically addressed in PC § 208(b), which carries enhanced penalties of 5, 8, or 11 years in state prison.

4. Kidnapping with Intent to Commit Sex Crime (PC § 209(b))

If a person kidnaps another to commit certain sex crimes (including rape, oral copulation, sodomy, or sexual penetration), they can face life imprisonment with the possibility of parole under PC § 209(b).

5. Related Sex Crime Charges

Depending on what occurred after the abduction, additional charges typically include:

• Lewd Acts with a Minor (PC § 288)
• Statutory Rape (PC § 261.5)
• Continuous Sexual Abuse (PC § 288.5)
• Sexual Acts with a Child Under 10 (PC § 288.7)

Elements Prosecutors Must Prove

For cases involving child abduction for sexual purposes, prosecutors must establish multiple elements depending on the specific charges:

For Child Abduction (PC § 278):

1. You had no right to custody of the child
2. You maliciously took, enticed away, kept, withheld, or concealed the child
3. You intended to detain or conceal the child from their lawful custodian

For Kidnapping (PC § 207):

1. You moved another person without their consent
2. The movement was for a substantial distance
3. The movement wasn’t merely incidental to another crime

For Kidnapping a Child for Lewd Acts (PC § 208(b)):

1. The victim was under 14 years old
2. You moved the child without their consent
3. The movement was for a substantial distance
4. You intended to commit lewd or lascivious acts with the child

Each element must be proven beyond a reasonable doubt for a conviction on the respective charge.

Penalties for Child Abduction with Sexual Purpose

When child abduction involves sexual purposes, the penalties become substantially more severe:

Basic Child Abduction (PC § 278):

• Misdemeanor: Up to 1 year in county jail and/or fine up to $1,000
• Felony: 2, 3, or 4 years in state prison and/or fine up to $10,000

Kidnapping (PC § 207):

• 3, 5, or 8 years in state prison

Kidnapping a Child Under 14 for Lewd Acts (PC § 208(b)):

• 5, 8, or 11 years in state prison

Kidnapping with Intent to Commit Sex Crime (PC § 209(b)):

• Life imprisonment with the possibility of parole

Additional Sex Crime Penalties:

• Lewd Acts with a Child Under 14 (PC § 288(a)): 3, 6, or 8 years in state prison
• Lewd Acts by Force (PC § 288(b)): 5, 8, or 10 years in state prison
• Continuous Sexual Abuse (PC § 288.5): 6, 12, or 16 years in state prison
• Sexual Acts with Child Under 10 (PC § 288.7): 25 years to life for intercourse or sodomy; 15 years to life for oral copulation or sexual penetration

Consecutive Sentencing:

Courts typically impose consecutive rather than concurrent sentences for these combined offenses, resulting in extremely long prison terms.

Additional Consequences:

Beyond imprisonment, those convicted face:

• Mandatory sex offender registration (typically lifetime Tier 3 registration)
• Strikes under California’s Three Strikes Law
• Victim restitution
• Civil lawsuits
• Immigration consequences for non-citizens
• Loss of professional licenses
• Housing restrictions after release
• Permanent social stigma

Distinguishing Features in Child Abduction with Sexual Purpose Cases

Several features make child abduction cases with sexual purposes particularly challenging from a legal perspective:

Evidence of Sexual Intent

Prosecutors must establish the sexual motivation behind the abduction, which may involve evidence such as:

• Statements made to the victim
• Sexual materials found in the defendant’s possession
• Prior similar behavior or convictions
• Electronic communications showing sexual interest in children
• Lack of other apparent motivation for the abduction

Jurisdictional Complexity

When abductions cross county or state lines, additional considerations come into play:

• Multiple jurisdictions may have authority to prosecute
• Federal charges may apply for interstate abductions
• Extradition may be necessary if the defendant flees

Enhanced Prosecution Efforts

These cases typically receive:

• Substantial investigative resources
• Priority treatment by prosecutors
• Multiple agencies’ involvement
• Specialized prosecution units

Potential Defenses in Child Abduction Cases with Sexual Components

Despite the serious nature of these charges, several potential defense strategies may apply:

Mistaken Identity

If you were wrongly identified as the perpetrator, this provides a complete defense to all charges.

False Allegations

Unfortunately, false accusations do occur, particularly in contentious custody situations or where coached testimony may be involved.

No Sexual Purpose

If the abduction occurred for non-sexual reasons (such as a custody dispute), this may reduce the charges and potential penalties, even if the abduction itself was unlawful.

Good Faith Belief in Right to Custody

In some cases, a genuine belief that you had a right to custody (even if mistaken) can negate the malicious intent required under PC § 278.

Consent of Lawful Custodian

If the lawful custodian consented to the taking of the child, this can be a defense to abduction charges.

Constitutional Violations

Evidence obtained through illegal searches, improper interrogations, or other constitutional violations may be suppressed, potentially weakening the prosecution’s case.

Insufficient Evidence of Movement (for Kidnapping Charges)

For kidnapping charges, if the movement wasn’t “substantial” or was merely incidental to another crime, this element may not be satisfied.

The Investigation Process

These complex cases typically involve thorough, multi-agency investigations:

Initial Response

• Law enforcement mobilizes quickly when a child is reported missing
• AMBER Alerts may be issued
• Multiple agencies coordinate search efforts

Evidence Collection

Investigators gather various types of evidence:

• Witness statements
• Surveillance footage
• Digital evidence (cell phone records, GPS data, internet history)
• Physical evidence from any locations where the child was held
• Medical examinations after recovery
• Forensic interviews with the child victim

Special Interview Procedures for Child Victims

Child victims typically undergo specialized forensic interviews conducted by trained professionals who:

• Use developmentally appropriate questioning
• Minimize trauma from the interview process
• Follow protocols designed to obtain reliable accounts
• Record interviews to reduce the need for repeated questioning

Legal Factors That Impact These Cases

Several legal factors can significantly affect how child abduction with sexual purpose cases proceed:

Prior Criminal History

Previous convictions, especially for similar offenses or other serious crimes, dramatically impact:

• Charging decisions
• Plea bargaining options
• Sentencing if convicted

Age of the Victim

The younger the child, the more serious the charges and potential consequences:

• Cases involving children under 10 or under 14 carry especially severe penalties
• Younger victims may present special evidentiary challenges

Duration of Abduction

Longer periods of abduction generally result in:

• More serious charges
• Enhanced sentencing
• Additional charges (such as continuous sexual abuse)

Evidence of Planning or Premeditation

Cases showing careful planning demonstrate heightened culpability in the eyes of prosecutors and courts, potentially leading to:

• Higher charges
• Reduced plea options
• Longer sentences

Frequently Asked Questions

What is the difference between child abduction and kidnapping in California?

Child abduction (PC § 278) specifically involves taking or concealing a child from their lawful custodian without having custody rights. Kidnapping (PC § 207) involves moving any person a substantial distance using force or fear. Both can apply in the same case, and kidnapping charges generally carry more severe penalties.

Can these charges be filed if no sexual assault actually occurred?

Yes. Kidnapping with intent to commit a sex crime does not require that the sexual offense was completed. The prosecution only needs to prove the intent existed at the time of the abduction.

What is the statute of limitations for these charges?

For most serious sexual offenses against children, California has eliminated the statute of limitations. For child abduction without sexual components, the statute of limitations is generally 3 years, though various exceptions may apply.

Will a child victim have to testify in court?

California law includes various protections for child victims, including possible closed-circuit testimony or other accommodations. However, the constitutional right to confront witnesses generally means some form of testimony from the victim is required if the case proceeds to trial.

How does a custody dispute affect child abduction charges?

Custody disputes can complicate these cases. If you had a good faith belief that you had a right to custody, this may provide a defense to the “malicious” element of PC § 278. However, this defense generally doesn’t apply to the more serious kidnapping charges when sexual purpose is alleged.

Why You Need  a Sex Crimes Attorney

Cases involving child abduction for sexual purposes demand specialized legal representation because:

1. Multiple charges and complex interactions between statutes: These cases involve the intersection of abduction laws and sex crime statutes
2. Severe consequences: The penalties include potential life sentences and permanent collateral consequences
3. Evidence challenges: Cases often involve complex forensic, medical, and psychological evidence
4. Public and media attention: The high-profile nature of these cases creates additional challenges for fair proceedings

How David P. Shapiro Criminal Defense Attorneys Can Help

Our San Diego defense team brings crucial advantages to these complex cases:

• Experience with child abduction and sex crime defenses
• Understanding of the interaction between multiple criminal statutes
• Knowledge of forensic evidence and interview protocols for child victims
• Strategic approach to case evaluation and defense planning
• Access to investigators and experts vital to building an effective defense

We begin by conducting a thorough evaluation of the evidence, identifying legal issues, challenging procedural violations, and developing a strategic defense tailored to the specific circumstances of your case.

Contact a San Diego Defense Attorney Today

If you’re facing allegations of child abduction, particularly with alleged sexual components, immediate legal representation is essential. These serious charges demand an experienced criminal defense attorney who understands the complexity of these cases and can protect your rights throughout the legal process.

If you or someone you love is facing criminal charges in California, swift action is imperative. The penalties can be life altering and long lasting. Give us a call today to set up a case evaluation with one of our attorneys and learn how to best protect your freedom and future.

Too often, we see clients who “wait and see,” unsure of the legal landscape ahead, only for charges to escalate. They then find themselves backpedaling into a bad defense and an even worse lawyer. Don’t let that happen to you. Protect your freedom. Protect your future. Know your rights.

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