What is Kidnapping?
What is Kidnapping?Kidnapping is an unlawful act or an instance of taking a person without consent, by force or fraud. Kidnappings can occur by family members, as well as strangers. Kidnapping is an unlawful act or an instance of taking a person without consent, by force or fraud. Kidnappings can occur by family members, as well as strangers. It is also considered kidnapping when a person has confined another person without his/her consent for a substantial period of time if any of the following five (5) criteria met: - Holding the individual for ransom or reward
- Using the individual as a hostage or shield
- Interfering with performance of any governmental function
- Facilitating the commission of any felony
- Inflicting physical injury on or terrorizing the victim
Is Kidnapping a State or Federal Offense? Kidnapping can be a state or federal offense depending upon the circumstances: - State - Kidnapping charges vary from state to state. For example, in some locations, kidnapping occurs where the victim is compelled to remain against his or her will. In other locations, a person commits kidnapping where a victim is moved a specific distance by force.
- Federal - Kidnapping that crosses state lines is automatically considered a federal felony. Under the Federal Kidnapping Statute, the FBI may get involved in a kidnapping case.
What Can Happen if You Are Convicted of Kidnapping? - Jail time
- Probation
- Parole
- Fines and/or restitution
- Court enforced counseling
- The death penalty
- Life in prison with the possibility of parole
- Life in prison without the possibility of parole
- Other sentences
What Factors Influence the Sentence Imposed?
External factors such us your criminal record, current criminal status, and how a judge and/or jury views these crimes will influence the sentence for kidnapping. What Can You Do if Someone You Know Has Been Kidnapped?Contact the appropriate authorities immediately. Depending on the circumstances of the kidnapping, either state police or the FBI will help you. What Can You Do if You Have Been Accused of Kidnapping? Contact a criminal defense lawyer immediately. Kidnapping is a felony and carries serious consequences. An experienced state or federal criminal defense specialist can help explain your defenses and options. |
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