Kidnapping Laws
Kidnapping may seem less serious than some violent crimes, since the victim may not suffer physical harm. However, the experience may be traumatic for the victim and their loved ones. States tend to impose severe penalties for kidnapping. Someone who is suspected of this crime should understand how much is at stake. They should not try to talk their way out of the situation on their own. Instead, they should enlist a criminal attorney to represent them during interactions with police officers and prosecutors.
What Is Kidnapping?
Kidnapping usually involves taking a person to another place without their consent, or sometimes isolating them without their consent.
Elements of Kidnapping
States have adopted varying definitions for kidnapping, but often a prosecutor must prove that the defendant moved the victim from one place to another without consent. Confining the victim in an isolated or controlled place without consent also may meet the act requirement.
In some states, such as Florida, a prosecutor also will need to show that the defendant had a specific purpose for moving or confining the victim. This might include causing direct harm to the victim, such as a sexual assault, or more generally “terrorizing” the victim or someone else. Other unlawful purposes might include holding someone for ransom or as a hostage, or trying to further the commission of a felony or an escape from the scene of a felony. (The defendant does not need to achieve the unlawful purpose.) In other states, such as Texas, the prosecutor does not need to prove a particular purpose, but the presence of certain motives may support an enhanced charge or greater penalties.
Examples of Kidnapping
Phil notices that a wealthy businessman called Vern has moved into his neighborhood. When Vern comes back from work, Phil pulls a knife on him and forces him to get into a van. Phil drives Vern to an abandoned warehouse and locks him inside. He then writes a ransom note to Vern’s family, demanding $100,000 for his release.
On the other hand, suppose that Phil genuinely believes that an assassin is waiting for Vern inside his house. When Vern disregards his warning, Phil forces him to get into the van and takes him to the warehouse for his own protection. This would be kidnapping in some states but not others, depending on whether the statute requires a particular motive.
Offenses Related to Kidnapping
Some other offenses that could be charged in situations that might support a kidnapping charge include:
- Assault and battery: the kidnapper may have put the victim in reasonable fear that they were about to be harmed, or may have actually inflicted an injury
- Rape: perhaps the kidnapper sexually assaulted the victim while they were under the kidnapper's control
- Homicide: perhaps the victim or someone trying to rescue them was eventually killed
- Robbery: perhaps the kidnapper used force to steal something from the victim in addition to moving or confining them
Penalties for each of these crimes may range widely in any given state. A prosecutor might charge multiple crimes and then offer a plea bargain, trading guilty pleas to some charges for the dismissal of others.
Defenses to Kidnapping
Available defenses to a kidnapping charge may depend somewhat on the statute at issue. If the law requires a particular motive, a defendant might defeat the charge by showing that they did not have any of the enumerated motives. Some statutes provide specific affirmative defenses. For example, New York allows a defendant to avoid a conviction if they were a relative of the victim, and their sole purpose was to assume control of the victim.
More generally, a defendant might argue that the victim consented. If they willingly accompanied the defendant, this probably is not kidnapping. Or perhaps the defendant believed mistakenly but in good faith that the victim consented. Duress also might serve as a defense in certain situations. This generally means that someone forced the defendant to do something by threatening serious harm if they failed to do it.
A defendant might try to discredit or eliminate evidence presented by the prosecution. Perhaps someone falsely accused them of kidnapping, or perhaps they were misidentified. They might provide an alibi showing that they were somewhere else at the time. In other cases, a defendant might raise procedural concerns. Evidence acquired by violating their constitutional rights, such as limits on searches and seizures, generally cannot be used against them.
Penalties for Kidnapping
Kidnapping is usually a serious felony. Examples of potential prison terms include:
- Arizona: generally 4-10 years (5 years presumptive)
- California: 3, 5, or 8 years
- Florida: life or up to 30 years
- Illinois: 3-7 years
- New York: 5-25 years
- Pennsylvania: up to 20 years
- Texas: 2-10 years
- Washington: up to 10 years
Meanwhile, someone charged under the federal kidnapping statute may face imprisonment for any period or for life. They will face life imprisonment or the death penalty if anyone dies as a result of the kidnapping.