In Washington State, kidnapping in the first degree occurs when an individual intentionally abducts the victim with the intent to commit another crime. The crime may be to inflict bodily injury or the victim, hold the victim for ransom, or flee from a felony. But kidnapping in the second degree is a lesser type of kidnapping with a different set of elements.
What is Kidnapping in the Second Degree in Washington State?
Second degree kidnapping is defined as a person intentionally abducting another person for any reason other than the ones listed under first degree. So second degree kidnapping does not include kidnapping for ransom, fleeing a crime, hurting the victim, and/or interfering with government business.
Are There any Defenses to Kidnapping in the Second Degree?
Yes. There are some common defenses to second degree kidnapping such as consent. The State of Washington also specifies a defense the second degree charge. If the defendant can establish by a preponderance of the evidence that:
- The abduction didn’t include use or the intent to use deadly force;
- The victim was a relative of the defendant; and
- The defendant’s sole intent was to gain custody of the individual
What is the Punishment for Kidnapping in the Second Degree in Washington State?
In the State of Washington, second degree kidnapping is a class B felony. It is punishable by up to 10 years in prison and/or a fine of $20,000. But if the defendant committed sexual assault during the kidnapping, it becomes a class A felony with possible life in prison and/or a fine of up to $50,000.
Should I Hire a Lawyer to Help Me?
Yes, a Washington criminal lawyer will build a strong defense to fight your kidnapping charge.