Kidnapping

Definition
A crime at common law consisting of an unlawful restraint of a person's liberty by
force or show of force so as to send the victim into another country. Under modern
law, this crime will usually be found where the victim is taken to another location or
concealed.
In some jurisdictions, kidnapping accompanied by bodily injury, sexual assault, or a
demand for ransom elevates the crime to first-degree or aggravated kidnapping.
Although the terms kidnapping and abduction are, at times, used interchangeably,
abduction is broader, generally not requiring the threat or use of force.

Kidnapping began as a crime which involved forcibly abducting someone and carrying him
or her to a different country. Today, kidnapping occurs when someone forcibly abducts or
confines another person against his or her will. While all states criminalize kidnapping, state
laws on kidnapping differ in how they define the crime, as well as in how the crime is
punished.

Taking, confinement, or restraint. A kidnapping occurs when someone intentionally

takes, abducts, restrains, or confines someone else. In some states an offender must
confine the victim with the intention to inflict bodily harm, use the person as a shield, use
the person as a means of escape, hold the person for ransom, hold the person as an
involuntary servant, or hold the person to disrupt government or political activities. In
other states, confinement is the key element, and any intentional confinement, taking, or
restraint is a kidnapping. However, even in states that require the intent to commit further
crimes, it isn't necessary that those crimes to actually take place. It's enough for the
accused to commit the unlawful taking with the specified intent, even if the kidnapper's
goals are never achieved.

Movement of the victim. Some states require that the kidnapping victim must be moved
for a substantial distance, though the actual distance required can be very minimal. For
example, moving a victim from one house to another house across the street or from a car

into a nearby structure is enough, though movement from one room of a house to another
may not be. Other states do not require movement of the victim to charge an offender
with kidnapping.

Kidnapping degrees. Some state laws separate kidnapping into offenses of different
degrees or levels of severity. For example, a charge of first-degree kidnapping, sometimes
known as aggravated kidnapping, usually requires that the accused kidnapper either
physically harm, sexually assault, or expose the victim to serious risk of harm during the
course of the kidnapping. A second-degree kidnapping does not involve sexual or violent
assault, or exposing the victim to harm.

Force and threats. In some states it isn't necessary for a person to use force to commit a
kidnapping, while other states require that some force must be used before a confinement
can be considered a kidnapping. Using the threat of violence or other threats that might
instill fear is also considered a use of force.

Consent. A kidnapping cannot occur if the victim consents to the confinement. If a

person, such as a child or a person with cognitive disabilities, is unable to grant legal
consent, a kidnapping can occur if the person is taken without the consent of the parent or
legal guardian.

Federal kidnapping. Though the majority of kidnapping crimes are prosecuted as state
offenses, the federal government can also prosecute someone for kidnapping if the
kidnapping crosses state lines. Federal prosecutors can file kidnapping charges
independent of state charges, meaning you can be charged with both federal and state
crimes.

Kidnapping Laws & Penalties

Kidnapping is a very serious charge that brings significant penalties. All states categorize
kidnapping as a felony offense, though states have different degrees of felonies that have

different sentences associated with them. More significant penalties are typically given in
cases where the victim is a child, or where the victim was injured, sexually assaulted, or
exposed to danger.

Prison. Kidnapping convictions can result in lengthy prison sentences, including life
sentences in some situations and states. Sentences of 20 years or more are common for
first degree or aggravated kidnapping, while minimum sentences of five years or more are
common for second degree kidnapping.

Fines. Fines for kidnapping offenses are substantial and are imposed in addition to prison
sentences. Aggravated kidnapping convictions can result in fines of $50,000 or more,
while simple kidnapping can result in fines of $10,000 or more.

Probation. A court may also sentence a person convicted of kidnapping to a probation

term. Probation sentences for kidnapping convictions typically last several years, and
sometimes as much as 10 years. A person on probation must comply with the court's
conditions or face serving the original prison sentence, pay additional fines, or face other
criminal penalties. Common probation conditions include meeting regularly with a
probation officer, asking the officer or court's permission before moving or traveling out
of state, not committing any more crimes, and not associating with known criminals.

Contacting an Attorney
Kidnapping is one of the most serious criminal offenses a person can be charged with. Even
if you are investigated or suspected of kidnapping and never charged, you can suffer a social
stigma that can last with you for a lifetime. Being convicted of kidnapping will likely bring
significant criminal penalties, and will likely cripple your future chances at employment. If
you are facing a kidnapping charge you need to speak to an experienced criminal defense
attorney in your area right away. Only an experienced local defense lawyer can advise you on
how to proceed in any kidnapping case. You need a lawyer who is not only knowledgeable

about the kidnapping laws in your area, but also one who knows how the local courts operate
and is familiar to with local prosecutors and judges.