Kidnapping is the unlawful abduction of an individual without their consent. Kidnapping can be a federal or state charge depending on the circumstances. A person who abducts an individual and travels with them over state lines will usually be charged with federal kidnapping.
How Does Nevada Define Kidnapping?
Kidnapping is defined in Nevada as a person willfully taking another individual with the intent to or actually holding or detaining them for:
- Sexual assault/rape
- Murdering them
- Inflicting substantial bodily harm on them
What Does the Term “Take” Mean in a Nevada Kidnapping Charge?
To take someone means to:
- Carry away
What Is Kidnapping in the First Degree in Nevada?
Kidnapping in the first degree occurs when a person willfully takes another individual without their consent. Before, during, or after the kidnapping, the person causes substantial bodily harm to the victim.
What Is Substantial Bodily Harm?
Substantial bodily harm occurs when a person inflicts some type of injury on the victim. The injury is generally the type of injury that is permanent. Examples of serious bodily harm include disfigurement, permanent scarring, serious cuts, and paralyzed limbs.
What Is the Penalty for Kidnapping Someone in Nevada?
A person convicted of kidnapping in the first degree faces the possibility of receiving one of the following criminal sentences:
- Life with the possibility of parole after 15 years
- Life without parole
- 40 years in prison with the possibility of parole after 15 years
What If the Victim Did Not Suffer Substantial Bodily Harm?
Then, the crime is kidnapping in the second degree, which is a Class B felony. The potential punishment for such a felony ranges from a minimum of two years imprisonment to a maximum of 15 years, with the additional possibility of being charged with a fine up to $15,000.
Should I Contact a Lawyer about My Charge?
A kidnapping charge is a serious criminal charge that carries a lengthy prison sentence with a conviction. If you are accused of kidnapping, contact a Nevada lawyer immediately to start working on a defense.