Kidnapping is recognized as a felony crime across all the states in the United States, distinguishing it from a misdemeanor. However, the specific punitive measures differ from one jurisdiction to another due to varying degrees of felony classifications.
Typically, a kidnapping conviction could result in state prison sentences starting from five years to a potential lifetime incarceration, depending on the individual circumstances surrounding the case.
Most state laws define kidnapping as forcibly seizing or restricting a person’s freedom without their consent. Certain jurisdictions may also stipulate the kidnapper to have moved the person over a distance. Importantly, bodily harm inflicted on the alleged victim isn’t a prerequisite to be charged with kidnapping.
A related but distinct offense is false imprisonment, which involves restricting another person’s liberty without their consent. This offense doesn’t necessitate the victim to be moved.
Unraveling Felony Offenses: Is Kidnapping One?
Undoubtedly, every state in the U.S categorizes kidnapping as a felony crime. States may further delineate this into varying degrees, such as first, second, and third-degree kidnapping, with the first degree being the most serious and the third the least severe.
Aggravated kidnapping, or first-degree kidnapping, necessitates the offender to inflict physical harm, sexually assault the victim, expose the victim to significant risk, or kidnap a child under 14 years of age. Regardless of the degree, kidnapping convictions can lead to severe penalties, with a minimum likely state prison sentence of up to five years. For aggravated kidnapping, the imprisonment can range from 20 years to a lifetime.
Fines Resulting from Kidnapping Charges Can Range from $10,000 To $50,000
Given the grave consequences, it’s imperative for individuals accused of kidnapping to enlist the help of a criminal defense attorney. Such lawyers can help construct a robust legal defense to challenge the kidnapping charge.
Common defenses may include lack of use of force, consent from a child’s lawful guardian, insufficient movement to qualify as kidnapping, or violation of the accused’s constitutional rights by law enforcement.
Distinguishing Kidnapping from False Imprisonment
Kidnapping and false imprisonment are two separate crimes despite their overlapping elements. False imprisonment entails restraining another individual against their will, infringing upon their personal liberty. Movement of the victim isn’t necessary to prove this crime.
While both crimes are serious, false imprisonment is usually considered less severe than kidnapping. Depending on the jurisdiction, prosecutors can charge false imprisonment as either a misdemeanor or a felony. The former can lead to jail time up to one year, while the latter can result in imprisonment for up to three years.
Breaking Down California’s Kidnapping Law
In California, under Penal Code 207 PC, a successful conviction for kidnapping necessitates proof of three elements: the defendant utilized force or induced reasonable fear to take, hold, or detain another person; the defendant moved the person a significant distance using this force or fear; and the person did not consent to the movement.
There are two forms of kidnapping: simple and aggravated. Simple kidnapping occurs when the defendant uses force or fear to move another person without their consent. Aggravated kidnapping happens when the defendant uses force, fear, or fraud to move another person without consent, and additional circumstances apply such as child victims under 14, holding the victim for ransom, bodily harm or death to the victim, or kidnapping during a carjacking.
Punishments for simple kidnapping can extend to eight years in the California state prison and a maximum fine of $10,000. Aggravated kidnapping, depending on the case specifics, can result in a prison sentence of 11 years to life, with or without the possibility of parole. Contact Simmons Wagner, LLP at (949) 439-5857 if you require a free legal consultation with an experienced criminal defense attorney.