Kidnapping is a felony and is punishable by imprisonment in the state prison for three, five, or eight years. If the person kidnapped is under 14 years of age at the time of the commission of the crime, the kidnapping is punishable by imprisonment in the state prison for five, eight, or eleven years. Cal. Pen. Code s. 208
A person who kidnaps for ransom or aids or abets such a kidnapping will be punished by imprisonment in the state prison for life without possibility of parole (LWOP) if the person does not suffer death, bodily harm, or is confined in such a way as to increase the risk of death or bodily harm. If no death or bodily harm comes to the victim, the sentence will be life with the possibility of parole.
A kidnapping for the purpose of committing robbery, rape, spousal rape, oral sex, sodomy, or similar offenses is punishable by life with the possibility of parole. In this instance, however, the movement of the person must be more than merely incidental to the underlying sex act. The movement must have increased the risk to the person kidnapped.
A kidnapping that happens during the commission of a carjacking is punishable by life with possibility of parole if the movement was substantial, increased the likelihood of harm coming to the victim, and was not merely incidental to the carjacking.
Finally, if 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.