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.
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 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. 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. 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. Kidnapping Laws and Penalties Kidnapping is a very serious charge that brings significant penalties.
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 for kidnapping offenses are substantial and are imposed in addition to prison sentences.
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. In ancient times, kidnapping was used to remove members of royalty from the kingdom for ransom or to implement the overthrow of the existing monarchy.
In the United States, high-profile kidnapping cases, such as the Lindbergh baby kidnapping in the s, and the frequency with which organized crime participated in kidnapping led many states to impose the harshest penalties for this offense: the death penalty or life in prison without the possibility of parole. In modern times, kidnapping is still a serious felony , although the US Supreme Court has held that capital punishment for any crime against an individual other than criminal homicide is unconstitutional.
False imprisonment is generally a lesser included offense of kidnapping and is graded lower, as is discussed in Section In most jurisdictions, kidnapping has the elements of criminal act, criminal intent, causation, harm, and an attendant circumstance.
The criminal act element required for kidnapping is twofold. Second, in many states, the defendant must move the victim, which is called asportation. One common issue with the kidnapping criminal act is how far the victim must be moved. In the majority of states, the movement can be slight, as long as it is not incidental to the commission of a separate offense People v. Dominguez, Other states do not require asportation when the kidnapping is for ransom N.
Some states have done away with the asportation requirement altogether N. A picture window in front of the couch puts Abby in full view of the street and sidewalk. To avoid detection, Joseph grabs Abby off the living room couch and drags her into the bedroom to rape her.
Joseph forcibly confined Abby when he grabbed her. However, his movement of Abby from the couch to the bedroom appears incidental to the crime of rape, which is not sufficient to constitute kidnapping asportation in most jurisdictions. The criminal intent element required for kidnapping in many jurisdictions is specific intent or purposely to commit the criminal act in order to harm or injure the victim or another, confine or hold the victim in secret N.
Change this example so that Joseph drags Abby to his car, stuffs her into the trunk, and then drives fifteen miles to a deserted field where he thereafter removes her from the trunk and rapes her. Joseph probably has the criminal intent required for kidnapping in most jurisdictions. The harm element required for kidnapping in most jurisdictions is confinement and asportation.
As stated previously, some jurisdictions have done away with the asportation requirement or do not require asportation when the kidnapping is for ransom. Thus consent could function as a failure of proof or affirmative defense to kidnapping. Thomas sees Shawna hitchhiking on the side of a busy freeway at night. Thomas pulls over, rolls down the window, and asks Shawna if she wants a ride.
Thomas drives away with Shawna in the front seat. Thomas has not committed kidnapping in this case. Although Thomas confined and moved Shawna in his vehicle, the facts do not indicate that he has the specific intent to harm her, obtain a ransom, confine her in secret, or commit a separate offense.
In addition, Shawna consented to the confinement and asportation. Thomas refuses, threatens to harm Shawna if she tries to escape, and continues to drive another twenty miles with Shawna in the front seat.
If Thomas acted with the proper kidnapping intent, Thomas might have committed kidnapping in this case. If the trier of fact determines that twenty miles is far enough to constitute sufficient asportation for kidnapping, Thomas could be charged with or convicted of this offense.
Jurisdictions vary as to how they grade kidnapping. Many states divide kidnapping into degrees or grade it as simple and aggravated N. First-degree or aggravated kidnapping is generally graded as a serious felony, and second-degree or simple kidnapping is generally graded as a lower-level felony N. Factors that could enhance grading are the youth of the victim Ariz. Contact The Merchant Law Firm today to receive aggressive defense on your behalf.
Depending on the unique circumstances involved in your case, you may be prosecuted with kidnapping or with other similar offenses. According to the Georgia Code, the types of kidnapping or related charges that can be prosecuted include:.
The state of Georgia prosecutes kidnapping and all related offenses aggressively. While many of these crimes impose mandatory minimum prison sentences, it is not uncommon for overzealous prosecutors to push for the maximum penalties, especially when aggravating circumstances are involved.
Whatever you kidnapping charge may be, you can expect no leniency, vigorous prosecution and, often, minimum mandatory terms of imprisonment. With nearly two decades of experience and a commitment to protecting the freedom of our clients, The Merchant Law Firm is prepared to represent anyone who has been charged with kidnapping or a related offense.
Kidnapping of a minor under the age of 14 can result in a minimum of 15 years in prison. Defendants also face life imprisonment or death if the kidnaping was for ransom or if the victim received bodily injury.
This charge is typically prosecuted as a misdemeanor punishable by fines and imprisonment, including a minimum of one month and a maximum of five months for the first offense and a minimum of three months and a maximum of 12 months. A third conviction or a conviction that involves interstate travel is prosecuted a felony offense punishable by a minimum of one year in prison and a maximum of five.
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