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Elements of the Crime of Kidnapping

Kidnapping means taking and conveying away a person against his or her will or confining a person to a controlled space for an illegal purpose. The purpose or motive behind kidnapping includes gaining a ransom or reward; facilitating the commission of a felony or terrorizing the victim or a third person.  Even unlawful restraint of a person amounts to kidnapping if such restraint is substantial enough to interfere with the victim’s liberty. Essential elements of kidnapping include “transportation in interstate commerce of an unconsenting person who is held for ransom, reward, or otherwise, with such acts being done knowingly and willfully.”  United States v. Hood, 143 Fed. Appx. 94, 97 (10th Cir. Okla. 2005).  The two key elements of kidnapping  are unlawful taking of the victim and a nefarious motive like obtaining a ransom. The intent of the kidnapper is a decisive element in the crime of kidnapping. The physical taking or removal of a person from his/her home by the use of force, fraud, or coercion amounts to kidnapping. Kidnapping generally includes the seizing, confining, or detention of another person against his/her will.

Inside Elements of the Crime of Kidnapping