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ACT 3 THE HOSTAGE CODE

If the hostage suffered great bodily harm as a result of the false imprisonment, the defendant can serve an additional six years on top of their sentence. There are sentencing enhancements that can add additional prison time to any sentence for this offense.

ACT 3 THE HOSTAGE CODE

While false imprisonment under California Penal Code Section 236 PC is a "wobbler" offense that can be charged as either a felony or a misdemeanor, false imprisonment of a hostage under California Penal Code Section 210.5 is always a felony that is punishable by up to eight years in prison. The Court held that while it was proper to convict the man for his other crimes, he did not commit false imprisonment of a hostage because a threat of imminent arrest did not exist when he tied the passenger to the fence. In a case that went before the California Appellate Court, a man was charged with, among other things, false imprisonment of a hostage after he robbed a store, committed a carjacking and then took the passenger of the car and tied her to a fence.

Defenses to False Imprisonment of a HostageĪ person would have a viable defense against a charge of false imprisonment if there was no immediate threat of arrest.

False Imprisonment - California Penal Code Section 236 PCĤ.

Kidnapping - California Penal Code Section 207 PC.

Other similar or related offenses include: In addition to being prosecuted for the robbery offense under California Penal Code Section 211 PC, the man could also be prosecuted for false imprisonment of a hostage. The man does not want to be arrested so he points his gun at the store owner and threatens to shoot him if he runs away or if the police enter the store, effectively holding him hostage to avoid arrest. As he commits the robbery, the store owner triggers a silent alarm and the police are quickly summoned. ExamplesĪn armed man commits robbery at a convenience store. Unlike the crime of false imprisonment under California Penal Code Section 236 PC, false imprisonment of a hostage requires that the defendant acted with the specific intent of avoiding immediate arrest.

In order to consent, a person must act freely and voluntarily and know the nature of what he or she is consenting to. AND The defendant either substantially increased the risk of physical or psychological harm to the other person or intended to use that person as a shield.Īn act is done against a person's will if that person does not consent to the act.The defendant made the other person stay or go somewhere against that person's will.The defendant intended to protect himself or herself against the threat of imminent arrest by restraining the other person.The defendant restrained, confined or detained another person by force or threat of force.The defendant faced a threat or risk of imminent arrest.To be convicted of this offense, the prosecutor must be able to establish the following elements:

This offense is also referred to as false imprisonment to protect against arrest.

In California, this act is considered false imprisonment of a hostage in violation of California Penal Code Section 210.5 PC. There are instances where a criminal suspect will grab another person and briefly hold them hostage or use them as a human shield to avoid an impending arrest.