kidnapping

At common law, the forcible abduction or stealing and carrying away of a person from own country to another. 4 Bl.Comm. 219. Collier v. Vaccaro, C.C.A.Md., 51 F.2d 17, 19; State v. Berry, 200 Wash. 495, 93 P.2d 782, 787, 792.

The unlawful seizure and removal of a person from own country or state against his will. In American law, the intent to send the victim out of the country does not constitute a necessary part of the offense; the unlawful taking and carrying away of a human being by force or fraud or threats or intimidation and against his will being the essential elements. State v. Roberts, 210 S.E.2d 396, 404, 286 N.C. 265.

At common law kidnapping was a misdemeanor, but under modern statutes such crime is a felony. 18 U.S.C.A. No. 1201. A person is guilty of kidnapping if he unlawfully removes another from his place of residence or business, or a substantial distance from the vicinity where he is found, or if he unlawfully confines another for a substantial period in a place of isolation, with any of the following purposes:

(a) to hold for ransom or reward, or as a shield or hostage; or

(b) to facilitate commission of any felony or flight thereafter; or

(c) to inflict bodily injury on or to terrorize the victim or another; or

(d) to interfere with the performance of any governmental or political function. Model Penal Code, No. 212.1.

With respect to federal kidnapping act, see Lindbergh Act.

See also abduction

- hostage

- Parental Kidnapping Prevention Act

- ransom.

Child-stealing.

Child-stealing statutes commonly provide a penalty for any one who shall lead, take, entice or detain a child under a specified age with intent to keep or conceal it from its parent, guardian, or other person having lawful care or control thereof

@ kidnapping for ransom

One who detains another for the purpose of extorting money from him or from another person as the price of his release is guilty of the felony of kidnapping for ransom. 18 U.S.C.A. No. 1201.

@ simple kidnapping

Kidnapping which is not in some aggravated form, such as holding for ransom, is commonly referred to as "simple kidnapping."

+ simple kidnapping

A statutory form of unlawful imprisonment of a person which is not aggravated as in the case of child stealing or kidnapping for ransom.

See also kidnapping

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