Before someone can be convicted of the crime of kidnapping, the prosecutor must prove 3 things:
- The person charged with kidnapping forcibly, secretly, or by threat confined, abducted, or imprisoned another person against that person’s will.
- The person charged with kidnapping had no lawful authority to do what he did.
- The person charged with kidnapping acted with an intent to either:
- Hold the other person for ransom or reward or as a shield or hostage; or
- Commit a felony or facilitate the commission of a felony; or
- Inflict bodily harm upon another person or terrorize another person; or
- Interfere with the performance of any governmental or political function.
To make matters even more complicated, if the prosecution tries to prove that the person charged with kidnapping acted with an intent to commit a felony or facilitate the commission of a felony, then in order to be kidnapping the confinement:
- Must not be slight, inconsequential, or merely incidental to the felony; and
- Must not be of the kind inherent in the nature of the felony; and
- Must have some significance independent of the felony in that it makes the felony substantially easier of commission or substantially lessens the risk of detection.
More Articles On Kidnapping
- Another Example of what Kidnapping is Not
- Kidnapping and the Crime of Robbery
- When is it Kidnapping and when isn’t it?