Kidnapping

Kidnapping is a serious offense that is punishable under both state and federal laws. You will be charged with kidnapping if you take a person against their will or restrict them to a confined space.

Kidnapping criminal laws are different in every state. If you have questions about your state’s kidnapping statute, talk to an experienced criminal lawyer for legal advice.

What Are the Elements of a Kidnapping Charge?

State laws may differ in how they define the crime of kidnapping. Generally, kidnapping has the following elements:

• Taking or confining a person: This could be transporting someone to another place or restricting their movement.
• Against the person’s will: It is not kidnapping if the person you are holding consents to the confinement.
• Intent: Some states require the kidnapper to have an unlawful motive to commit the crime, such as ransom and extortion.
• Using or threatening to use force: Some states require the use of force or threat of force to consider the offense a kidnapping.

Federal Kidnapping Laws

According to the Federal Bureau of Investigation (FBI), in 2021, there were 13,621 missing persons under circumstances where the disappearance was not voluntary. This includes abduction and kidnapping.

Kidnapping is usually prosecuted at the state level and is not a federal offense. However, there are situations where you might face federal charges. This typically happens when the kidnapping crosses state lines or international borders. The Federal Kidnapping Act makes kidnapping a serious felony that carries with it a 20-year or more prison sentence for a conviction.

Kidnapping by Parents

Federal kidnapping laws also include instances where a parent or other family member takes a child across state lines. This usually happens during a child custody dispute or a divorce to take the child from the custodial parent. If convicted, you could face up to three years in prison for violating this provision.

At the state level, parental abduction can also lead to serious charges. Under American federal law, the International Parental Kidnapping Crime Act of 1993 makes international child abduction a federal crime. This involves taking a child out of the U.S. with the intent to “obstruct the lawful exercise of parental rights.”

It may be a defense to parental kidnapping charges to show you were fleeing domestic violence to keep you and your child safe.

Types of Kidnapping Charges

Kidnapping charges may vary depending on your state’s laws and the circumstances of the particular case. In general, kidnapping charges depend on the severity of harm to the victim.

While all kidnapping charges are serious, aggravated kidnapping is far more serious since it carries with it a potential life sentence. Usually, a person can be charged with aggravated kidnapping if:

• The victim suffers serious harm or death
• The victim is a child
• The kidnapping involves a demand for ransom

Is Kidnapping Different From False Imprisonment?

Both kidnapping and false imprisonment involve restraining a person without their consent. However, there are distinct differences between the two. False imprisonment occurs when someone is kept in one place against their will. Kidnapping involves the act of moving someone to a new area without their consent.

Both offenses can result in criminal charges. However, the penalty for false imprisonment is typically less severe, ranging from one to three years in prison. In some situations, unlawful imprisonment can be a misdemeanor.

What Are the Penalties for Kidnapping?

Kidnapping is a very serious offense with severe consequences. Although states may have different degrees of punishment, all states categorize kidnapping as a felony. The penalties may be higher in certain situations, including:

• Child abduction
• Sexual assault or child abuse
• Hostage-taking

Generally, penalties for kidnapping convictions can include prison time, fines, and probation.

Prison

If you are convicted of kidnapping, you will likely serve a lengthy prison sentence. If there are aggravating factors like physically harming the victim, the penalties will be more severe. The specific sentences will also vary depending on your state. For instance, in California, you could face eight years in prison if you are convicted of kidnapping. In Minnesota, you could serve up to 20 years for a similar crime.

Fines

The court can also impose a fine for a kidnapping offense. Fines can range from $10,000 to $50,000 or more, depending on the state and the nature of the crime.

Probation

A court may also sentence you to probation if you are convicted of kidnapping. You need to strictly adhere to the terms of the probation, or you may face a judge restoring your original sentence, which could mean going to jail.

Defending Against Kidnapping Charges

You may have a number of defenses to kidnapping charges. If you are facing kidnapping charges, you should talk to a criminal defense attorney who can advocate for you. A defense lawyer can offer you legal advice and represent you in court.

Some of the defenses your attorney can use include:

• Consent: You can use this defense if you can show that the victim consented to being taken.
• Mistake: It can be a mistake if you can show you believed the victim consented or believed that you were acting under the authority of law. This could be a defense in a parental kidnapping case if you believed you had legal custody and the authority to take your child somewhere else.
• Insanity: Not guilty by reason of insanity could still mean confinement in a psychiatric hospital.

You should consult with a criminal defense attorney as soon as possible if you are accused of kidnapping. The choices you make in your defense will have long-lasting effects. You should think through these decisions with an attorney’s guidance.