Both federal and state laws classify abduction as a felony. Each state has its own definition of kidnapping that must be followed. However, kidnapping is commonly understood to be the taking, moving, or transporting of an individual; or their confinement; without their agreement; by force or fraud.
Other definitions of kidnapping include the unlawful seizure and detention of a person with the intent to:
- Carry the person away at a later time;
- Hold the person hostage;
- Use the person as a human shield;
- Cause the person physical or psychological harm; or
- Utilize the person to assist in the commission of a crime.
A broad-intent crime is the first kidnapping previously described. To put it another way, the offense is committed by the defendant intending to imprison or relocate the person or by the defendant actually doing so.
The second kidnapping previously mentioned is referred to as a crime with special intent. In this kind of crime, the defendant intends to perform another crime that would be unlawful on its own in addition to abduction.
A general kidnapping with the specific aim of carrying the victim away, holding the victim hostage, using the victim as a shield, using the victim to commit a crime, or inflicting harm on the victim is a specific intent kidnapping.
The components that must be proven in abduction trials differ depending on the state legislation. In some places, even a small movement meets the kidnapping offense’s transit element. Other states demand that the movement be greater than minimal in order to meet the criteria.
In general, the crime is categorized as aggravated kidnapping if the victim is unlawfully taken, imprisoned, moved, or moved with the intent to demand a ransom or other payment. Depending on the state, some particular intent kidnappings are also regarded as aggravated kidnappings.
Generally speaking, aggravated kidnapping carries a harsher punishment than a simple kidnapping.
Kidnapping can be carried out by a stranger or a person the victim knows. Parental kidnapping, often known as the kidnapping of a child by one parent against the wishes of the other, is another scenario where it might happen.
Kidnapping: A Felony or Misdemeanor Offense?
In all states, kidnapping is regarded as a criminal. However, the classification of felonies may vary between states. It is also significant to remember that, as will be covered below, a felony may be regarded as a federal infraction.
If found guilty of a felony, the defendant may be subject to jail time, fines, and other punishments. The defendant may reimburse the victim’s losses due to the defendant’s acts through restitution.
People who have been convicted of felonies lose their ability to vote. Additionally, there are regulations in several states that forbid convicts from taking part in otherwise legal activities. For instance, losing a professional license could happen after a felony conviction. Gun ownership is likewise constrained after a felony conviction.
What Distinguishes Kidnapping from False Imprisonment?
Although false imprisonment and kidnapping might sometimes be mistaken, they are two separate crimes. These offenses differ greatly from one another.
False imprisonment is a crime committed when someone restrains another person against their will and puts them in danger of significant injury or death. False imprisonment may be committed by someone who knowingly restricts another person’s freedom of movement without that person’s agreement.
State laws governing false imprisonment differ. False imprisonment is a crime that someone can commit if certain conditions are met, including:
- The defendant actually confines the victim for some time;
- The victim was aware of the confinement; and
- The confinement or detention was illegal and willful.
The victim’s awareness of the confinement is the most crucial component. In several states, false incarceration cannot happen if the victim has a viable method of emancipation. It is also crucial to remember that an omission may serve as the foundation for false imprisonments, such as purposefully omitting to unlock a door if someone is imprisoned inside.
False imprisonment happens when someone is confined and unable to leave. On the other hand, kidnapping can only occur when someone intends to transport or confine a person and then actually does so against that person’s will.
False imprisonment is a tort (civil infraction) and a criminal offense. However, there is no corresponding civil offense for kidnapping. Therefore, there is no such thing as a civil kidnapping tort.
When Does Kidnapping Become a Federal Crime?
Federal kidnapping rules make it illegal to transport a victim across state boundaries during a kidnapping. According to the Lindbergh Law, sometimes known as the Federal Kidnapping Act, a kidnapping involving a victim’s transportation across state borders may result in a 20-year jail sentence.
The Federal Kidnapping Act stipulates even harsher punishments if the victim is under 18 and the kidnapper is above 18 and not a close relative or legal guardian. In these situations, a mandatory minimum term of 20 years in prison is imposed for the abduction offense.
How Does Nevada Define Kidnapping?
Kidnapping is defined in Nevada as the willful and intentional deceiving, seizing, or confinement of a person for something of value. The state recognizes the first and second degrees of kidnapping.
What in Nevada Constitutes First-Degree Kidnapping?
The first degree of kidnapping is seizing a person to exchange them for money or other valuables. The kidnapped person sustains serious physical harm during, before, or after the kidnapping.
What in Nevada Constitutes Kidnapping in the Second Degree?
In Nevada, kidnapping in the second degree is defined as taking someone with the intent to keep them secretly detained. In this case, the sufferer does not sustain severe physical harm.
Is Second-Degree Kidnapping in Nevada the Same as Aiding or Complicity in a Kidnapping?
No. Kidnapping is the real act of seizing someone with the intent to keep them hidden or get something of value, and helping a suspect accused of kidnapping someone before, during, or after the crime is all that is required to be considered aiding or abetting in an abduction.
Will Life in Prison Be My Punishment in Nevada for Second-Degree Kidnapping?
No. Second-degree kidnapping is not punishable by life in prison. This is because second-degree kidnapping is a Category B felony.
What Is a Felony Under Category B?
Although not as terrible as a Category A felony, a Category B felony is nonetheless regarded as a serious crime. A Category B Felony carries the following sentence in law:
- Two to fifteen years in jail
- $15,000 fine
- A fee and incarceration
Are There Any Defenses to the Kidnapping Charge?
Yes, there are possible defenses to the kidnapping charge. Among these defenses are the following:
- The person gave their agreement to be moved, held, or restrained by the defendant;
- No force was used;
- No force was intended to be used
It is important to remember that some people, especially those incapable of making informed decisions, might not be able to consent. The consent defense cannot be successfully raised concerning those people in those circumstances.
Should I Speak with a Lawyer for Assistance?
To effectively defend yourself against an accusation of kidnapping in the second degree and prevent a lengthy jail sentence, you will probably need help. Therefore, discussing your legal options with a Nevada criminal attorney is crucial.
