False Imprisonment of a Hostage

If an individual is in the middle of a crime and the police show up. They may choose to grab another person to keep them hostage and use them as a human shield to avoid arrest. Thus increasing the risk of harm to the other person. This action is defined as illegal under the California Penal Code Section 210.5 PC.

The exact language of the statute states:

Every person who commits the offense of false imprisonment, as defined in Section 236, against a person for purposes of protection from arrest, which substantially increases the risk of harm to the victim, or for purposes of using the person as a shield.

Thus according to this statute, if a person detains, restrains, or confines another person without their consent to avoid arrest, increasing the chances of the hostages facing danger will be in violation of the Penal Code 210.5 PC statute.

PC 210.5 – Sentencing 

If you are convicted under the California Penal Code 210.5 PC statute, the crime will be labeled a felony.

The penalties for this crime include:

• Three, five, or eight years, incarceration

The defendant may also have to face additional penalties if sentenced under this statute:

• Great Bodily Injury Enhancement – Penal Code 12022.7 PC
• This statute sentences the defendant to an additional six years in prison to their sentence for the false imprisonment charge if the hostage suffered physical harm.Battery – Penal Code 242 PC
• The accused would be in violation of this statute at any time during the false imprisonment of a hostage, they used force or violence on the victim.Kidnapping – Penal Code 209 PC

To face penalties under this statute for false imprisonment of a hostage. The defendant must have moved the victim a substantial distance against their will.

Crimes Related to the False Imprisonment Of A Hostage

• Kidnapping – California Penal Code Section 207 PC
• Robbery – California Penal Code Section 211 PC
• False Imprisonment – California Penal Code Section 236 PC
• Battery – California Penal Code Section 242, 243
• Holding a Hostage – California Penal Code section 4503

PC 210.5 – Prosecuting 

For the prosecutor to prove the defendant is guilty under Penal Code 210.5 PC, they must provide irrefutable of the following elements:

1. The defendant faced a threat or risk of imminent arrest.
2. The accused restrained, confined, or detained another using force or threatening to use force.
3. The defendant intended to protect themselves from immediate arrest by detaining the other person.
4. The defendant made the hostage stay or go somewhere against the hostage’s will.
5. The accused actions either significantly increased the risk of physical or psychological danger to the victim or
6. They intended to use the victim as a human shield.

Kindly note the prosecutor has to prove the defendant committed these acts against the hostage without their consent. For consent to be given, an individual must act freely and voluntarily and should know the specific nature of what they are consenting to.

PC 210.5 – Defenses 

There are several defense strategies that a criminal defense lawyer can use to confidently argue your case:

No Imminent Threat Of Arrest

Seeing as the immediate threat of arrest is a key element needed to prove the defendant violated Penal Code 210.5 PC. If the defendant did not face this threat. They can use this to argue their case.

Victim Gave Consent

If the victim inexplicably gave consent for the accused to restrain, confine or detain them. This should not count as false imprisonment of a hostage. Hence, the accused can use it to defend their case in court.

No Increased Risk Of Harm

If the hostage is under no increased risk of danger. Then the defendant is not in violation of Penal Code 210.5 PC. If the defendant can prove they had no intention or means to harm the victim. They can escape being charged under this statute.