Is Kidnapping a Felony? A Defense Lawyer Explains

Every state in the U.S. treats the crime of kidnapping as a felony offense (as opposed to a misdemeanor). Many states have different degrees of felonies so the specific penalties for this offense will slightly vary among jurisdictions.

However, most states say that the offense is punishable by minimum state prison sentences of up to five years, and depending on the facts of the case, a kidnapping charge could lead to a life in prison.

While state kidnapping laws vary, people typically commit this crime if they

1. abduct or confine a “victim” with force, and
2. do so without that person’s consent.

Some states also require that the kidnapper move the person some distance. Kidnapping cases do not require the defendant to inflict any type of bodily harm/bodily injury on the alleged “victim.”

Note that while false imprisonment is a crime related to kidnapping, it is still a distinct offense. False imprisonment is the crime in which a defendant

1. restrains another person,
2. without that party’s consent,
3. so as to deny the “victim” from his/her personal liberty.

The offense generally does not require that the defendant move the victim in any way.

Is kidnapping a felony offense in the U.S.?

Yes. All states categorize the criminal offense of kidnapping as a felony.

Some state laws set forth different degrees of this felony. For example, a state may have

1. first-degree,
2. second-degree, and
3. third-degree kidnapping.

First-degree offenses are the most severe crimes with third-degree kidnapping being the least severe.

First-degree kidnapping is usually referred to as “aggravated kidnapping” and requires that the kidnapper either:

• inflict physical injury on the victim,
• sexually assault the victim,¹
• expose the victim to a serious risk of harm, or
• kidnap a child (that is, a minor under 14 years of age).

States treat all kidnapping offenses as serious crimes. At the minimum, people convicted of this offense will likely face custody in state prison for up to five years. Aggravated kidnapping convictions can result in a prison sentence of between 20 years to life.

Kidnapping charges can also result in a fine of between $10,000 and $50,000.

Given the severity of these penalties, people accused of kidnapping must seek help from a criminal defense attorney. A criminal defense lawyer can help a client build a legal defense to help contest a kidnapping charge.

A few common defenses include attorneys showing that:

• the accused did not engage in the use of force or physical force,
• if a child victim, a lawful custodian of the child consented to the movement of the victim,
• there was insufficient movement to constitute kidnapping, and
• law enforcement violated one of the accused’s constitutional rights.

Note that most defense attorneys offer a free consultation. This means a defendant can learn about his/her legal options without spending a dime.

What is kidnapping?

Most states say that a defendant commits kidnapping if he/she:

1. forcibly confines or abducts another person, and
2. does so without the “victim’s” consent.²

Many jurisdictions also say that the kidnapping must be done with some type of criminal intent, such as kidnapping

• for ransom or
• for some political function.

Many states also say that the offender has to move the victim some distance, for example, from one home to a building or to another home or car.

Is kidnapping the same as false imprisonment?

No. Kidnapping and false imprisonment are related offenses, but still two distinct crimes.

False imprisonment is the offense where a defendant:

1. restrains a “victim” against his/her will, and
2. does so as to deprive the victim of his/her right to personal liberty.³

Most states say that a defendant does not have to move a victim to be found guilty of this offense.

Further, most jurisdictions treat false imprisonment as a less serious offense than kidnapping. Prosecutors usually have the option to charge the offense as either a misdemeanor or a felony.

• Misdemeanor false imprisonment is often punishable by custody in jail for up to one year.
• Felony false imprisonment is generally punishable by a jail term of up to three years.

What is California law on Kidnapping?

Under Penal Code 207 PC, a prosecutor must prove the following elements to successfully convict a defendant of kidnapping:

1. the defendant took, held, or detained another person by using force or by instilling reasonable fear,
2. using that force or fear, the defendant moved the other person, or made the other person move, a substantial distance, and
3. the other person did not consent to the movement.⁴

Simple kidnapping takes place when an accused moves another person without that person’s consent by using force or fear.⁵

Aggravated kidnapping takes place when a defendant moves another person without that person’s consent by using force, fear, or fraud, and:

• the victim is a child under 14 years of age,
• the defendant holds the victim for ransom,
• the victim suffers bodily harm or death, or
• the defendant kidnaps another person during a carjacking.⁶

Simple kidnapping is a felony punishable by

• up to eight years in the California state prison, and
• a maximum $10,000 fine.⁷

Depending on the facts of the case, aggravated kidnapping can lead to a prison term of between 11 years to life with or without the possibility of parole.⁸

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