(a) Kidnapping is punishable by imprisonment in the state prison for three, five, or eight years.
(b) 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 5, 8, or 11 years. This subdivision is not applicable to the taking, detaining, or concealing, of a minor child by a biological parent, a natural father, as specified in Section 7611 of the Family Code, an adoptive parent, or a person who has been granted access to the minor child by a court order.
(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.
(Enacted 1872. Amended by Stats.1923, c. 238, p. 486, § 1; Stats.1976, c. 1139, p. 5099, § 136, operative July 1, 1977; Stats.1978, c. 579, p. 1981, § 5; Stats.1985, c. 191, § 1; Stats.1986, c. 249, § 7, eff. July 3, 1986; Stats.1989, c. 1428, § 2; Stats.1990, c. 55 (S.B.1564), § 2; Stats.1990, c. 1560 (S.B.2079), § 1; Stats.1992, c. 163 (A.B.2641), § 101, operative Jan. 1, 1994; Stats.1997, c. 817 (A.B.59), § 1.)