Sometimes the person kidnapped is held captive in some secluded area. Most instances of this crime involve the use of force or violence at some point. Though many cases of this act are for collecting monetary payouts through ransom demands, some are committed for various other purposes. A few persons that commit this crime do so because they have a particular need that they are seeking to satisfy. This may be for companionship such as a person who wants a child but cannot have one, or this could be to commit additional crimes such as rape or murder. Unfortunately, not all kidnapped individuals are returned to their families and friends.
Kidnapping is considered a serious crime that has corresponding harsh penalties when a conviction occurs through the legal system. When someone is accused, he or she may have a difficult case to prove innocence. However, the prosecution may also have the same difficulty if the defending party has little evidence against it. The lack of the victim being present is what usually causes the most issues with proving guilt in claims of kidnapping. However, when the victim has been recovered, he or she may be the foundation these court trials are built upon once the person provides testimony. It is often this testimony that convicts the person accused.
Differing Charges for Different Cases
Because each individual kidnapped is different, charges and cases are often not similar to others that have come before them. Some may be determined to be misdemeanors while others are classified as felonies. There are various forms of kidnapping that may cause additional or completely different charges to be issued to the accused. A person may be forced to become part of a relationship with the kidnapper, do certain tasks, fulfill a sexual role or be required to perform many other instances of forced behavior and actions. No matter what the circumstances contain, most of these cases have harsh penalties with criminal charges issued to the perpetrator.
Some states have different charges added to the original kidnapping charge when applying certain factors. Some of these may include the administering of force or fraud. Fraud may be used as a charge when the person has been concealed or held against consent in the state the charges are issued or outside of this specific state. These are often applied in various states due to the restriction of freedom to the individual abducted. The person taken has no wish to remain with the captor, and he or she is unable to leave of his or her own free will. The limitations of leaving may involve restraints in handcuffs, rope, chain or the threat of injury. When the person does attempt to flee, the abductor may apply violent actions against him or her.
Restriction of Freedom
Violating a person’s rights of freedom is a direct offense against the law. This includes the limiting of a person from being able to leave an area. The original act of taking a person from his or her original location and transporting him or her to another may cause one charge while taking the individual out of the state may lead to harsher sentencing and potentially additional charges. Most individuals who are issued charges for kidnapping face felony cases that are often issued sentences of up to 30 years in prison. Any other penalties may be in addition to these to include fines, programs, reparations to the family of the victim and other punishments. After the convicted person has finished with prison terms, he or she might have a period of probation that restricts his or her traveling for a period of time the judge usually decides.