PC §105 - KIDNAPPING

CLASS E FELONY

(a) Definition

Kidnapping is defined as the unlawful and intentional abduction, confinement, or restraint of another person without their consent, by force, threat of force, or deception, with the intent to:

  1. Hold the person for ransom or reward.

  2. Use the person as a shield or hostage.

  3. Facilitate the commission of a felony or flight thereafter.

  4. Inflict bodily harm, terrorize, or commit a sexual offense against the person.

  5. Interfere with the performance of any governmental or political function.

(b) Elements of the Offense

To prove kidnapping, the prosecution must establish the following elements beyond a reasonable doubt:

  1. The defendant unlawfully abducted, confined, or restrained another person.

  2. The abduction, confinement, or restraint was without the consent of the victim.

  3. The abduction, confinement, or restraint was accomplished by force, threat of force, or deception.

  4. The defendant acted with the specific intent to:

    • Hold the person for ransom or reward.

    • Use the person as a shield or hostage.

    • Facilitate the commission of a felony or flight thereafter.

    • Inflict bodily harm, terrorize, or commit a sexual offense against the person.

    • Interfere with the performance of any governmental or political function.

(c) Defenses

Defenses to a charge of kidnapping may include, but are not limited to:

  • Consent: The alleged victim consented to the abduction, confinement, or restraint.

  • Lack of intent: The defendant did not have the specific intent required for kidnapping.

  • Mistaken identity: The defendant was not the person responsible for the abduction, confinement, or restraint.

(e) Aggravating Factors

Aggravating factors may increase the severity of the offense and the potential penalties, including but not limited to:

  • Prior convictions for kidnapping or other violent offenses.

  • Abduction, confinement, or restraint of a particularly vulnerable victim, such as a child or incapacitated person.

  • Use of a deadly weapon or infliction of serious bodily injury during the commission of the kidnapping.

Penalties

Penalties for assault charges can vary widely depending on the jurisdiction and the specific circumstances of the offense. They may include:

JAIL TIME

240 SECONDS OF JAIL TIME.

BOND SET

$200,000.00

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