Pen. Code, § 209.5 · Chapter 3. Kidnapping
Pen. Code, § 209.5
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) Any person who, during the commission of a carjacking and in order to facilitate the commission of the carjacking, kidnaps another person who is not a principal in the commission of the carjacking shall be punished by imprisonment in the state prison for life with the possibility of parole.
(b) This section shall only apply if the movement of the victim is beyond that merely incidental to the commission of the carjacking, the victim is moved a substantial distance from the vicinity of the carjacking, and the movement of the victim increases the risk of harm to the victim over and above that necessarily present in the crime of carjacking itself.
(c) In all cases in which 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. If the court grants probation without requiring the defendant to be confined in the county jail for 12 months, it shall specify its reason or reasons for imposing a lesser penalty.
Notes and commentary — not statutory text
History
Added by Stats. 1993, Ch. 611, Sec. 5. Effective October 1, 1993.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=209.5.
- Text hash
- sha256 8f30548bff31b72ea4a244c94e7c634a57a3bf0ca71263236080bfba53f15ff3
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
Cited by 20 provisions
Provisions in this library whose text cites Pen. Code, § 209.5. Each shows the citation as that text prints it.
Penal Code
- Pen. Code, § 190.2Printed as Section 207, 209, or 209.5
- Pen. Code, § 667.61Printed as Section 207, 209, or 209.5
- Pen. Code, § 667.9Printed as Section 207, 209, or 209.5
- Pen. Code, § 999ePrinted as Section 209 or 209.5
- Pen. Code, § 1203.055Printed as Section 209.5
- Pen. Code, § 1203.06Printed as Section 207, 209, or 209.5
- Pen. Code, § 1203.066Printed as Section 207, 209, or 209.5
- Pen. Code, § 1203.075Printed as Section 207, 209, or 209.5
- Pen. Code, § 1203.08Printed as Section 187, 192, 207, 209, 209.5, 211, 215, 217, 245, 288
- Pen. Code, § 1203.09Printed as Section 209.5
- Pen. Code, § 1601Printed as Section 207, 209, or 209.5
- Pen. Code, § 2933.5Printed as Section 207, 209, or 209.5
- Pen. Code, § 12022.53Printed as Section 207, 209, or 209.5
- Pen. Code, § 13853Printed as Section 209 or 209.5
Welfare and Institutions Code
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.