LAW 535-001 – Criminal Law

Kidnapping


Kidnapping is:

  1. an unlawful confinement or carrying away of the victim
    • "Carrying away" = "asportation"
    • While asportation was traditionally required, most jurisdictions now allow unlawful confinement to satisfy the requirement. Those that keep the asportation requirement punish unlawful confinement as the lesser crime of false imprisonment.
  2. forcibly or by threat, fear, or deception
  3. for a nefarious purpose.
    • What constitutes a nefarious purpose will be given by statute.