Kidnapping. Carjacking. What's the difference?
Is there a difference in the bail amount between carjacking and kidnapping? A friend of a friend was carjacked and her kidnapper was released on bail. I don’t understand how because now she is afraid that her kidnapper will come after her for retaliation.
Yes, there is a difference between the amount of assumptive bail that is required for a general kidnapping versus the amount of bail that may be required for a kidnapping that occurred during a carjacking. It is unfortunate that an associate of yours is worried about her kidnapper coming after her. She may be able to get special protection from the police during this time until the defendant has a court date and returns to stand trial.
A simple kidnapping is a violation of penal code 207, which is a felony with an assumptive bail rate of $100,000. Of course, the judge will take other matters into consideration when determining the rate of the bail, such as the risk that the individual would not return to court to stand trial, and the risk that the individual would be a threat to others. A judge will also take a look at the person’s prior criminal offense.
The carjacking with a kidnapping is also a felony and is a violation of penal code 209.5. The assumptive bail is set at $500,000, with potential increases also associated with other circumstances in the case, such as a prior criminal offense.
In addition to these forms of kidnapping, the penal code breaks down other kidnapping situations and assigns separate assumptive codes to each of them. For example, kidnapping a victim under the age of 14 is a violation of penal code 407b and has an assumptive bail of $500,000. Kidnapping for ransom or extortion is a felony offense in violation of penal code 209a. It comes with an assumptive bail of $500,000. Also kidnapping for robbery is a felony offense and is a violation of penal code 409b. There is an assumptive bail of $500,000. Finally, posing as a kidnapper to demand a ransom or reward violates penal code 210 and is a felony with an assumptive bail set at $500,000.
Ironically, when someone takes a hostage, the bail is only $100,000, but it is a felony and a violation of penal code 210.5