Kidnapping
Kidnapping is when a person moves or forces another person to move by using force, fraud, or threat. It can be used as a way to collect money or another reward from another party, to as part of another crime, to use the person as a shield or hostage, to make a political point, to harm the kidnapped person directly, or as a way for a non-custodial parent to gain access to his/her child. While a stronger, acquaintance, or relative can kidnap someone, the most common kidnapping cases—some 200,000 cases each year as estimated by the Federal Bureau of Investigations—involve relatives.
The Law and Levels of Punishment
According to chapter 265, section 26 of the General Laws of Massachusetts, kidnapping is described as a person who, “without lawful authority, forcibly or secretly confines or imprisons another person within this commonwealth against his will, or forcibly carries or sends such person out of this commonwealth, or forcibly seizes and confines or inveigles or kidnaps another person, with intent either to cause him to be secretly confined or imprisoned in this commonwealth against his will, or to cause him to be sent out of this commonwealth against his will or in any way held to service against his will.”
The penalties for kidnapping increase if the kidnapping happened as a way to extort money from someone, while the kidnapper used a gun, seriously injured the kidnapped person with that gun, or the kidnapper sexually assaulted the kidnapped person. Punishment for a kidnapping conviction typically involves prison time and fines.
Kidnapping itself carries at least a penalty of a fine of up to $1,000 and state prison time of up to two years or jail time up to ten years, depending on the details of the case. If the charge is kidnapping that was done to extort money or other valuables, the penalty is prison for any amount of time up to a life sentence. For kidnapping where a gun was used, the penalty is a state prison term of at least ten years or a house of correction term for up to 2½ years. For a kidnapping conviction involving both a gun and extortion, the punishment is at least 20 years of state prison, up to a life sentence. For a kidnapping conviction that results in serious bodily injury to the person kidnapped, or if the person kidnapped was sexually assaulted, the punishment is at least 25 years in state prison. And for someone who kidnaps a child under age 16, the penalty is a state prison term of up to 15 years.
The defense team at Altman & Altman, LLP has decades of practice in dealing with kidnapping cases. If you or a loved one is a kidnapping suspect, contact us for a free consultation or call us at 617.492.3000 to see how we can help you.
The Law and Levels of Punishment
According to chapter 265, section 26 of the General Laws of Massachusetts, kidnapping is described as a person who, “without lawful authority, forcibly or secretly confines or imprisons another person within this commonwealth against his will, or forcibly carries or sends such person out of this commonwealth, or forcibly seizes and confines or inveigles or kidnaps another person, with intent either to cause him to be secretly confined or imprisoned in this commonwealth against his will, or to cause him to be sent out of this commonwealth against his will or in any way held to service against his will.”
The penalties for kidnapping increase if the kidnapping happened as a way to extort money from someone, while the kidnapper used a gun, seriously injured the kidnapped person with that gun, or the kidnapper sexually assaulted the kidnapped person. Punishment for a kidnapping conviction typically involves prison time and fines.
Kidnapping itself carries at least a penalty of a fine of up to $1,000 and state prison time of up to two years or jail time up to ten years, depending on the details of the case. If the charge is kidnapping that was done to extort money or other valuables, the penalty is prison for any amount of time up to a life sentence. For kidnapping where a gun was used, the penalty is a state prison term of at least ten years or a house of correction term for up to 2½ years. For a kidnapping conviction involving both a gun and extortion, the punishment is at least 20 years of state prison, up to a life sentence. For a kidnapping conviction that results in serious bodily injury to the person kidnapped, or if the person kidnapped was sexually assaulted, the punishment is at least 25 years in state prison. And for someone who kidnaps a child under age 16, the penalty is a state prison term of up to 15 years.
The defense team at Altman & Altman, LLP has decades of practice in dealing with kidnapping cases. If you or a loved one is a kidnapping suspect, contact us for a free consultation or call us at 617.492.3000 to see how we can help you.
