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Kidnapping

Terms:

Kidnapping:
The taking away of a person by force or threat (or possibly deception with the intent to hold the victim against his or her will).


Kidnapping is essentially false imprisonment plus an aggravating factor. Kidnapping is usually defined to include the forcible moving of a person from one place to another. The major issue with this definition is how much and what kind of movement is required in order to commit the crime of kidnapping.

Several courts hold that any movement is enough for a conviction. Other courts, however, require that the movement be substantial, that a slight movement does not represent a socially reprehensible act that is required to warrant a conviction for kidnapping.

Different jurisdictions have different requirements as to how the confinement must be brought about. Most jurisdictions agree that confinement accomplished by force or threats of force is sufficient for a conviction. In some jurisdictions it is even sufficient that the confinement was brought about by deception.

Generally the mens rea involved with the crime of kidnapping is the intent to confine or move the victim. Please note that where the definition of kidnapping includes abduction for some specific purpose, the mens rea that the prosecution must prove in order to obtain a conviction must include that specific purpose. For example, in a jurisdiction where kidnapping is defined as the abduction of a victim for the purpose of holding him for ransom, it is not enough to prove that the defendant intended to abduct the victim. In order to get a conviction, the prosecution must prove that the defendant abducted the victim with the specific intent of holding him for ransom.

At common law and under modern statutes, kidnapping is a felony. However, many jurisdictions recognize a separate offense of aggravated kidnapping, which is defined as kidnapping for ransom or extortion purposes. Aggravated kidnapping calls for a more severe penalty than would otherwise be meted out under the general kidnapping statutes.

Finally, some jurisdictions allow for a reduced penalty if there are mitigating circumstances such as if the defendant releases the victim in a safe condition.