Many times in movies and television series, we see children and people being abducted by the villain against their will. This Generally happens on the road, where the victim is knocked unconscious first using anesthetics to knock the victim unconscious. This is how a typical action movie plays out (consider Liam Neeson starrer Taken).
Therefore, it can be said that kidnapping is the act of holding a person hostage for ransom or any other action. It is called because young boys and girls were the easiest targets in the eyes of kidnappers.
What Is Considered Kidnapping?
In the eyes of law, kidnapping is considered to be the voluntary act of violently keeping a person in one place against their will. The common law kidnapping consisted of how many elements, like:
- Confining the victim in false imprisonment through violent means like torture, bullying, and blackmail.
- Taking the victim from one location to another without their consent using a vehicle.
- Locking the victim in a room violently to prevent the person from escaping.
The Federal Kidnapping Act
This is the primary act passed by the legislation that binds together all laws related to kidnapping. This was first passed in the year 1932 by the US Congress after the infamous kidnap and subsequent murder of the son of the toddler son of Charles Lindbergh.
This law, also called the Lindbergh law, granted police the power to chase kidnappers within and beyond their area if spotted with the kidnapped person.
Also known as the Lindbergh law, this law was passed at the time to allow police officers the authority to pursue kidnappers in their jurisdiction, and even outside of it if they were seen with the kidnapping victim.
If you wanted to know how much this common law kidnapping consisted of how many elements, there were quite a few. For example, there are special provisions and sentences to parents who had plotted the kidnap of their own child.
Also, kidnappers who failed to maintain the safety of the kidnapped victim faced harsh criminal charges, including being charged with first-degree murder and being sentenced to life. Many of the conditions for kidnapping were later changed over the years.
Federal And State Kidnapping Laws
Kidnapping laws primarily originate from state legislatures. Therefore, they form the backbone of legal frameworks. However, the Federal Judiciary has its own distinct set of kidnapping laws.
Over time, these laws underwent amendments and introductions to encompass diverse scenarios and evolving cases of kidnapping.
Federal Perspective on Kidnapping
As outlined in the Federal Criminal Code under 18 USC Section 1201, kidnapping is categorized as a grave felony offense. Per the law, kidnappers could face up to 20 years of imprisonment.
However, the sentence can be a subject of modification depending on the severity of the kidnapping case. Additionally, the perpetrator’s prior criminal history will also matter.
Special Provisions for Parental Kidnapping
Distinct laws address instances where parents orchestrate the abduction of their child. In accordance with the regulations defined in the Federal Criminal Code (18 USC Section 1204), these cases undergo differentiated scrutiny.
Depending on the motives behind the act, sentencing might range from a minimum of 3 years’ imprisonment to other charges dictated by the nature of the offense.
What Law Enforcement Handles Kidnapping And Ransom?
In the US, all kidnapping cases are presided over by the state police.This only happens if the state police gets tipped about the kidnapping by the family members or friends of the kidnapped victim.
The Federal Bureau of Investigation (FBI) assumes control of most kidnapping cases in the USA if the state authorities fail to apprehend the kidnapper.
Additionally, the FBI intervenes when the abducted person holds significant status or is an international resident.
For instance, if the kidnapped individual is a foreign tourist or official, the FBI steps in. Therefore, you’ll take over the case from state authorities. Similarly, when the victim belongs to a distinguished family or is related to a politician or parliamentary minister, the FBI assumes jurisdiction over the investigation.
Kidnapping Laws And Penalties
What is the code in the criminal law book for kidnapping? Well, the answer is pretty simple. The charges for kidnapping by the Federal government of the US are:
1. Prison
If someone is found guilty of kidnapping, they’ll face a minimum of twenty years in jail. If the situation is more serious, the punishment could be even longer. For instance, if the kidnapper is also responsible for the victim’s assault or murder, the penalties and time in prison will be much higher.
2. Fines
The kidnapper may face additional charges besides their sentence if caught early or if the motive isn’t substantial. Complex laws define these situations. For instance, charging the kidnapper with aggravated assault against the victim might lead to a fine of $50,000 or more.
Also, if the kidnapper gets apprehended early on (most commonly happens to novice kidnappers), then they might be left for a fine of $10,000.
3. Probation
If the kidnapper was under the influence of someone else or was heavily intoxicated at the time of the kidnapping, then they will be sentenced to probation, with a release under special circumstances. This can last as long as 10 years.
During this time, the person has to comply with all the orders of the court. Failure to do so will result in swift action being taken by the court, like sentencing the person for 20 years in jail (standard imprisonment for kidnapping).
Frequently Asked Questions:–
Ans: Kidnappingis the forceful confinement of a person against their will, done for random or other motives by a person. On the other hand, abduction is the process of tricking a person and persuading them to take them to another location.
Ans: People kidnap either for money (ransom) or for some personal motives.
Ans: It is called kidnapping because kids are commonly the ones who are kidnapped.
Ans: Yes, even adults can be kidnapped.
Conclusion
Kidnapping is the crime of taking a person and restricting their freedom by forcefully confining them to a single place. Generally, a kidnapper does so for ransom, or for personal motives like jealousy and hatred against someone.
If the kidnapper gets caught, according to law, they will face up to 20 years imprisonment, or more, depending on the severity of the case. They can also face probation if the kidnapping attempt was foiled, or face charges.
The FBI will take over a case if the kidnapped victim is someone from a reputed family, or from some political family, or is related to some bigshot celebrity. The FBI can also take over the case if the victim is an international tourist, or is an international official.
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