Kidnapping is a very serious crime. It can be defined as; taking away a person against that person’s will by way of force, fraud, or threat and holding him/her in a confinement without legal authority. This confinement without legal authority is also known as false imprisonment.
Kidnapping can be done to seek ransom, to further the success of another crime, for political purposes or to gain illegal custody of a child. Kidnapping is a crime that can be committed by a stranger, acquaintance or relative of the victim. The punishment for kidnapping depends on the state and circumstances of the case.

Originally Kidnapping was used to refer to the stealing of a child. But today the term is used to refer to the taking away and false imprisonment of any person against that person’s will. A closely resembling crime is abduction. Many states have different laws for both kidnapping and abduction. Different criteria are used to decide if kidnapping has actually happened.


Kidnapping Laws:

Congress passed the Lindbergh Act in 1932, to deal with Kidnapping at federal level. It also provided the right to pursue the kidnappers in other states from the state where kidnapping took place. States deal with kidnapping differently; it is a felony of class A-1 in some of the states and in some it is a felony of class B. The taking away or asportation of a person and unlawful detention are retained as the main elements for kidnapping in many states, where the victims must be confined in a bounded area against their will. Any amount of movement will suffice for the requirement, even if it is moving the kidnapped person to a house next door.

The law considers an act to be kidnapping if it is done with any of the following intentions:

:: holding the victim for ransom, reward, or some other ordered condition of release
:: using the individual as a shield or a hostage
:: to disrupt or interfere with government or political functions
:: to aid the commission of a criminal act, or
:: to inflict injury or suffering on the victim or another party

Kidnapping for money is almost non-existent in the United States of America today, due to the Federal Bureau of Investigation's aggressive stance toward kidnapping. It pursues kidnap cases ferociously.


Illegal custody of a child::

Another major area of kidnapping law makes it unlawful for a parent, without legal custody rights, to take a child. State, federal, and international laws protect the rights of parents whose children have been taken unlawfully by a non-custodial parent.
International kidnapping laws, established at the 1980 Hague Conference, seek to reduce child abductions across international borders. Kidnapping perpetrated by a family member occurs more often than any other type of kidnapping. More than 200,000 minors are kidnapped every year by a family member in the United States. Even if the minor consents to being taken somewhere, the non-custodial parent or relative can still be charged with kidnapping.


Penalties:

Certain states award capital punishment on kidnapping if it results in death. Kidnapping is usually sentenced by the court to prison for a certain number of years. In some states, and on the federal level, it is life imprisonment. Kidnapping is severely punished because it is a dreaded offense. It usually occurs in connection with another criminal offense, or underlying crime. Furthermore, the act of moving a crime victim exposes the victim to risks above and beyond those inherent in the underlying crime. Most states recognize different types and levels of kidnapping and assign punishment accordingly. New York, for example, awards punishment up to 20 years in prison if kidnapping falls in felony class A-1. But it awards 1 - 8 years of punishment if it is class B felony.


Need for an Attorney:

You must have an experience Kidnapping Law Attorney, on your side who knows the kidnapping laws of your state inside out. Because the kidnapping laws are so complex and vary by location, it is important to consult with an attorney who can help. Lawyer’s Area offers the services of experienced Kidnapping Law Attorneys who have excellent track record and provide an effective defense to help eliminate the kidnapping crime charges or to minimize the kidnapping penalty.