Los Angeles, CA asked in Criminal Law for California

Q: Does refusing to let someone out of the vehicle constitute kidnapping in the state of California?

An adult male willingly gets into a car with a stranger he had just met at a bar. Upon driving for a short while the man realizes the driver is intoxicated and driving erratically. The man asks to be let out of the vehicle and the driver refuses due to the presence of law enforcement in the vicinity. The man then jumps out of the moving vehicle and sustains a leg injury. He then goes and reports the incident and kidnapping charges get filed. Does this instance actually constitute kidnapping in the state of California? What other crimes can the driver be charged with if kidnapping doesn't stick? Does it change the crime if this all happened in a stolen vehicle? Thanks

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1 Lawyer Answer
Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: more facts are needed. There is a difference in what the DA charges and what a jury agrees to use to find a defendant guilty.

in my opinion it was a criminal act.....................and seriousness may depend in part on record of defendant.

Although "kidnapping" and "false imprisonment" may sound similar, they are considered separate crimes under California law. Kidnapping is a felony offense and refers ... False imprisonment is defined as intentionally detaining or confining someone against their will.

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