Kidnapping is the unlawful act of taking an individual without their consent, by fraud or force. A kidnapping in Nevada is defined as unlawfully and intentionally taking an individual with the purpose of holding secretly within the state or trying to obtain money for them. The state also has a criminal statute devoted to punishing individuals who help with a kidnapping crime.
Am I Considered an Accomplice If I Help in a Kidnapping?
Yes. An accomplice is anyone who intentionally aids a person in committing a crime. Thus, if a person helps another in kidnapping someone, then they are an accomplice to the crime of kidnapping.
What Is Accomplice Liability?
Accomplice liability is defined as an individual accused of helping another commit a crime being just as guilty for the actual crime.
How Is Aiding and Abetting Defined in Nevada?
According to Nevada law, aiding and abetting is helping someone commit a crime before, during, or after the crime occurs. The person is guilty of the crime when they knowingly and intentionally participates in the criminal activity.
Is Aiding and Abetting the Same as Conspiracy in Nevada?
No, it is not. Conspiracy involves two or more people coming together to commit a criminal act. Both actors are generally considered to be principals in committing the crime. With aiding and abetting, a person helps with the crime. They are not considered a principal, or equal, in the commission of the crime.
What Is the Penalty for Aiding and Abetting a Kidnapping in Nevada?
Aiding and abetting a kidnapping can be a first degree or second degree crime. Each degree has its own criminal sentence. Aiding and abetting in the first degree will be punished as if the defendant actually committed kidnapping in the first degree. The punishment includes life with or without the possibility of parole. Aiding and abetting in the second degree is two to 15 years in prison.
Should I Talk to an Attorney?
The crime of aiding and abetting a kidnapping in Nevada is treated just as seriously as the actual crime of kidnapping. Thus, it is important to treat the criminal charge of aiding and abetting in the same manner as a criminal charge for kidnapping in terms of forming a defense strategy. Contact a Nevada attorney immediately to learn more about your legal rights and to receive help in defending yourself against the charge.