Is There a Possibility for Life Imprisonment Because of Kidnapping?

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In the past, kidnapping was viewed as a crime involving the forceful abduction of someone and transporting them to a different country. However, the concept and definition of kidnapping have been revolutionized. In the present day, you can be charged for a kidnapping crime when you abduct or confine someone by force and against their will. This act of kidnapping can be a federal or state crime.

Over the years, kidnapping cases have been on the rise. As a result, many states resorted to establishing harsh penalties against this crime. In most states, the sentence for kidnapping was a death penalty, or life in prison, with no parole granted. Although the U.S supreme court rendered capital punishment for a crime other than criminal homicide unconstitutional, kidnapping remains a severe offense in today’s law.

The last time a person convicted of kidnapping can serve in jail is five years. Depending on the state and their definition of kidnapping, a person charged with kidnapping can be sentenced to life in prison.

Kidnapping Trends

Kidnapping and missing person statistics are documented in the Uniform Crime Report of the National Crime Information Center. However, kidnapping statistics are recorded together with other statistics making it challenging to access and know the exact figures.

Reports from the federal government state that more than 840,279 were reported missing in 2001 in the United States. The majority of the victims were adults, with only 50,000 being missing juveniles below 18 years. According to the same report, the year that experienced the peak cases of missing persons was 1997 where 980,712 people were reported missing. At any time, about 600,000 people go missing each year, with approximately 4,400 unidentified bodies recovered each year, according to a report published by the National Missing and Unidentified Persons System (NamUs). Other than abduction, other aspects also play a role in these statistics, including drug and substance abuse addiction and mental health complications.

According to the National Crime Information Center report published in 2010, 692,944 people were reported missing. These individuals were specified as over 21 years and that their lives were in despair. Americans, both children, and adults go missing more than 2,300 each day. There are several reasons for which these individuals are kidnapped. A tiny percentage of the kidnapping cases was found to be abduction done for the sole purpose of ransom or done by a stranger.

These statistics prove the need to have rigid rules and penalties against kidnapping charges.

Elements of Kidnapping

For a person to be charged with a crime, his action should have the following elements:

Criminal act
Criminal intent
Causation
Harm
Attendant circumstance.

Criminal Act

The criminal act of kidnapping has two aspects. First, the defendant who committed the crime must confine the victim. Or, in other states, the law requires that the kidnapper must move the victim, an aspect known as asportation.

Some states stipulate that the movement can be slight, provided it’s unincidental to the separate offense’ commission. However, some states do not need movement for a charge to stand against kidnapping, especially if the abduction is for ransom. Other states have even removed the requirement of movement in kidnapping cases. The movement can be from the victim’s residence, or place of work, or even a tiny shift from where the victim is found, as stipulated by the penal code.

The penal code will abort asportation if the kidnapping is for ransom. This will also apply if the reason for the felony was to inflict bodily pain or injury, interference of political function or government performance, or to terrorize the victim. The only aspect that stands will be confinement. The defendant must have confined the victim for a certain period in an isolated place.

Criminal Intent

The criminal intent aspect of kidnapping is the specific purpose, intent, or reason the defendant committed the crime. They may have conducted the crime to injure/harm the victim. Confining the victim in secret, isolated place is also a criminal intent.

It will also be criminal intent if the defendant imposed the victim to involuntary servitude, receive a ransom, interfere with the political operation or the government functions, or commit a separate offense.

Kidnapping Causation

The criminal act by the defendant must be a legal and factual cause of harm if the law considers harming an aspect of kidnapping.

Kidnapping Harm

The criminal act can amount to kidnapping harm if they confine the victim or the aspect of asportation. However, some states are done away with asportation as an element into the definition of kidnapping if the kidnapping is for ransom purposes.

Attendant Circumstance

The asportation or confinement must happen without the victim’s consent or against their will to be considered an attendant circumstance element of kidnapping. Thus if the act occurred with the full consent of the victim, the case would not be considered kidnapping.

Kidnapping Degrees

Kidnapping is an offense that occurs in different degrees. This is applicable in several states. This act of crime is considered either a first-degree kidnapping or a second-degree kidnapping.

First-degree kidnapping or aggravated kidnapping occurs when a defendant puts the victim at significant risk of harm during the time of the kidnapping. The act is also considered a first-degree kidnapping when the defendant sexually assaults the victim or physically harms them. On the other hand, a second-degree kidnapping is a kidnapping with no physical harm, sexual assault, or any risk of exposure to harm.

Prosecution of Kidnapping Charges

Kidnapping is primarily prosecuted as a state offense in most states. However, it can also be charged as a federal crime. The federal government can only do that if the kidnapping involved the crossing of state lines. And do you know you can be prosecuted for both state and federal crimes? The federal government can file a kidnapping case even when the state has already charged the accused kidnapper of the same crime.

The Fate of Kidnapping Offenders

Kidnapping is a serious felony crime that has different levels of severity or degrees depending on the state. These kidnapping degrees attract different penalties. A prosecuted kidnapper will receive a significant penalty if the kidnapping involved a child or if the victim was injured, exposed to danger, or sexually assaulted by the offender.

What penalties are awarded to kidnapping charges?

Prison sentence. The minimum period a person convicted of kidnapping charges can serve in jail is five years. Depending on the state, the offender can do a lengthy prison sentence or even life in prison. First-degree kidnapping charges usually attract a penalty of not less than 20 years in prison. Second-degree kidnapping draws not less than five years behind bars.
Fine charges. Fines serve as additional charges on top of prison sentences. First-degree kidnapping crimes will result in a fine of not less than $50,000, while second-degree kidnapping can earn a fine of not less than $10,000.
Probation. An individual can also be sentenced to serve a probation time for kidnapping charges. These Probation terms can subject the kidnapper to serve up to ten years in prison. A person on probation must abide by the rules conditioned by the court. Failure to adhere to the rules, the person may be sentenced to serve his term in prison. The person may also be required to pay fines or even be charged with other crimes. The probation terms and conditions issued by the court mostly state:

The person under probation should meet regularly with the probation officer.
The person under probation should seek permission from either the probation officer or the court to travel out of state.
The person under probation should commit no more crimes.
The person under probation should not be in contact with other offenders or criminals.

Kidnapping charges in most states have no time limit. In many states, a time limit is referred to as the criminal statute of limitations. These crimes, unlike other crimes, have either a very long time for the prosecutor to bring the charges or may not have a time limit. This is the same as murder charges.

Can an Offender Get Life imprisonment if they Treat the Victim Well?

If an offender abducts someone but treats them well, he can be sentenced to a prison term, be put on probation, or be charged fines. However, they may be pardoned from serving life imprisonment. They should, however, not have assaulted the victim or show any threats to harm or kill the victim. This is provided in the Indian Penal Code, Section 364A.

This situation was observed in a case involving an auto driver and a minor in Telangana. The driver had abducted the minor and demanded Rs 2 lakh as ransom from the minor’s father. The court found that the defendant did not expose the minor to harm. Neither did he threaten to kill the minor. It was therefore held that the minor could not serve life imprisonment.

The court made it clear that there need to be three aspects of kidnapping to convict someone of abduction for ransom. The prosecutor needs to prove these aspects and prove that the defendant’s actions amounted to them.

The three aspects include abducting an individual and detaining them in a secret isolated place, threatening or performing an act of harm or murder to the victim.

Conclusion

Kidnapping charges can result in life imprisonment in many ways. However, there are conditions under which the prosecutor must prove for the accused kidnapper to be sentenced to life in prison. These conditions include acts of bodily harm, the threat of death, and the act of assault.

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