Thursday, February 4, 2010

What is the Legal Definition For Kidnapping? What is the Legal definition For False Imprisonment?

Are there any sub classifications or lessor charges that are related to these two? What else can one get charged with when forcing some one to go somewhere with you with out their express consent? Thank you for your answers and no I am not a kidnapper I am doing research. Thanks again for your input.What is the Legal Definition For Kidnapping? What is the Legal definition For False Imprisonment?
False Imprisonment: Intentionally restraining another person (whether physically or not) without the legal authority to do so; the unlawful restriction of a person's freedom or movement. If the false imprisonment goes on for an extended period of time OR the perpetrator moves the victim, it may then become a kidnapping.





False imprisonment can also refer to the detaining of a suspect after service of an unlawful warrant.





Kidnapping is the act of secreting or holding a person in a place where they are unlikely to be found or moving them across state lines for the purpose of keeping them from being found. It can involve either threats of harm or use of bodily force. It is abduction with the intent to: use the victim for money (ransom) or reward of some sort; to terrorize the victim or a third party; aid or accomplish the commission of a felony or flight therefrom; inflict personal injury on the victim or violate them sexually; to prevent them from performing in their official capacity, such as with a government official or law enforcement officer.





Abduction is similar to kidnapping, but with less stringent qualifiers. Abduction is taking a person away by persuasion, fraud, or open violence. It includes the taking of women to force them into marriage, prostitution, concubinage. In some states, the law requires that the victim be a minor or subjected to illicit sexual activity. Kidnapping is more limited, requiring force or the threat of force, or the taking of children by an adult.What is the Legal Definition For Kidnapping? What is the Legal definition For False Imprisonment?
The actual definitions are determined by state law, so they could vary.





As a general rule, kidnapping is taking someone against their will, and false imprisonment is holding them against their will.
Kimberly gave a great response.





These are defined state by state. Kimberly definition pretty much matches CA law.





As for kidnapping: it usually requires the unlawful moving of a person.
Kidnapping: What happens when you go to Mexico


False Imprisonment: What the Congress is doing to us now.

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