kidnapping

kidnapping.

1. At common law, the crime of forcibly abducting a person from his or her own country and sending the person to another. • This offense amounted to false imprisonment aggravated by moving the victim to another country.

2. The crime of seizing and taking away a person by force or fraud.

— Also termed simple kidnapping; (loosely) abduction; (archaically) manstealing. See ABDUCTION. [Cases: Kidnapping

1. C.J.S. Kidnapping §§ 1–2.]

“At early common law, kidnapping required a forcible asportation of the victim to another country. Under modern statutes, the asportation need not be this extensive.” Arnold H. Loewy, Criminal Law in a Nutshell 64 (2d ed. 1987).

aggravated kidnapping. Kidnapping accompanied by some aggravating factor (such as a demand for ransom or injury of the victim).

child-kidnapping. The kidnapping of a minor, often without the element of force or fraud (as when someone walks off with another’s baby).

— Also termed child-stealing; baby-snatching; childnapping.

kidnapping for ransom. The offense of unlawfully seizing a person and then confining the person, usu. in a secret place, while attempting to extort ransom. • This grave crime is sometimes made a capital offense. In addition to the abductor, a person who acts as a go-between to collect the ransom is generally considered guilty of the crime.

parental kidnapping. The kidnapping of a child by one parent in violation of the other parent’s custody or visitation rights. See PARENTAL KIDNAPPING PREVENTION ACT.

simple kidnapping. Kidnapping not accompanied by an aggravating factor.


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