Kidnapping: Taking and Holding Persons Against Their Will

Kidnapping: Taking and Holding Persons Against Their Will

What is Kidnapping?

In criminal law, kidnapping is the taking away of a person against the person’s will. Kidnapping usually involves the intention to hold the person in false imprisonment, which is defined as a confinement without legal authority.

Kidnapping is usually done by force, but sometimes fraud and deception are used to lead a victim away willingly. Kidnapping may be done for the purpose of obtaining a ransom or as part of another crime such as a robbery or extortion.  Kidnappings are common in connection with child custody disputes, abduction by sexual predators, and sometimes in cases of government protests. It is also becoming more popular as a terrorist act, where victims are taken and held in captivity, tortured and eventually killed in a very public manner.

What is the punishment for kidnapping?

The laws and charges associated with the crime of kidnapping varies from state to state. The actual length of the prison sentence may depend on such factors as:

  • The length of time the victim was held against their will
  • The amount of physical harm or torture inflicted on the victim, and the severity of such
  • Transportation of the victim or victims across state lines
  • Other crimes committed during the act of kidnapping such as burglary, theft, assault, battery, carjacking, etc.
  • Demands for ransom or reward in exchange for the safe return of the person

Amber Alerts

To combat kidnapping, many states use the Amber Alert program. The AMBER Alert Program is a partnership between law-enforcement agencies, broadcasters, transportation agencies, and the wireless industry. As part of the program, an urgent bulletin is distributed on television, radios and on electronic road signs in the most serious child-abduction cases. The goal of an AMBER Alert is to solicit assistance from the community at large in the search and recovery of the child.

Additional resources related to kidnapping:

For more information, see false imprisonment.


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