Kidnapping was incorporated into the American common legal system hundreds of years ago. Over time, each state incorporated kidnapping into its penal code, which means that the definition of kidnapping and the corresponding penalties vary from state to state.
For example, Ohio Revised Code section In that case, the federal authorities were hindered by the lack of a federal law authorizing the prosecution of kidnapping offenses. Since then, kidnapping may be charged as either a state or a federal crime, depending on the circumstances of the alleged crime. According to Title 18, section of the United States Code, a person can be charged with federal kidnapping when the victim is transported across state lines.
Importantly, federal kidnapping law assumes that the victim has been taken across state lines if he or she is not released with 24 hours. In other words, many if not most kidnapping cases can be prosecuted under federal law. The penalties for committing federal kidnapping are very serious. Prison sentences span from 20 years life, with the exact sentence depending on whether you used a dangerous weapon or made a ransom demand. Probation — A court may also sentence the kidnapper to a probation term.
Probation sentences for such cases usually last several years, but there are cases where the probation can last for as much as 10 years. Meeting regularly with a probation officer, asking the court or probation officer for moving or traveling out of the state, not doing any more crimes, or associating with known criminals are just a few of the most common probation conditions. Share on facebook. Share on twitter.
Share on linkedin. Share on reddit. Personal Injury. Employment Law. More Answered Questions. October 29, October 26, October 23, What Are Civil Rights Violations? Defenses to Kidnapping In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, specific defenses to the crime of Kidnapping are: Incidental Confinement There can be no kidnapping if the only confinement involved is incidental to, and likely to naturally accompany, the underlying felony.
References Faison v. He was so knowledgeable, and always made sure I understood everything every step of the way. I would definitely recommend him to anyone who wants an understanding, caring, and truly helpful lawyer. If the only evidence is the word of the alleged victim, your attorney may be able to claim that you have been falsely accused. Without credible eyewitnesses or evidence such as records of phone calls placed by the victim seeking help, the evidence against you may be insufficient.
You are not guilty of kidnapping if the alleged victim consented to be moved. Even if the alleged victim consents to be moved and later changes his or her mind for example, if he gets in the car with you and after moving toward another location, changes his mind and wants to be returned to the original location the consent to be moved is still valid and you are not guilty of kidnapping. In order to be convicted of kidnapping, the prosecution must prove that you moved the alleged victim a substantial distance or a distance that allowed you to inflict additional harm upon the victim.
If you moved the alleged victim an insignificant distance or a short distance that did not enhance the ability to inflict harm upon the victim, then you may be able to claim that the movement was insufficient to constitute kidnapping. If you were not aware of a kidnapping taking place or were simply in the wrong place at the wrong time, you may be able to have the kidnapping charges against you dropped.
However, if you aware of the plans of the actual kidnapper and decided to remain present while the kidnapping took place, or if you encouraged or facilitated the kidnapping, you may still be charged with aiding and abetting a kidnapping and will face the same penalties as the kidnapper.
If you have legal custody of a child, you cannot be convicted of kidnapping that child.
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