Force or Threat; Confining or Taking By Force; Other Means of Instilling Fear

Some state kidnapping statutes do not require use of force for the commission of the crime of abduction.  In some jurisdictions, in order to establish the offense of kidnapping, the prosecution must prove beyond a reasonable doubt that the defendant confined the victim by force. Furthermore, in some states, in order to convict a defendant of kidnapping the prosecution must prove that the defendant forcibly, secretly, or by threat confined, abducted, or imprisoned another person against her or his will and without lawful authority, either with intent to commit or facilitate commission of any felony or with intent to inflict bodily harm upon or to terrorize the victim or another person.  However, in some other jurisdictions, the focus in determining whether kidnapping has occurred is on the act of restraint “without consent.”


Inside Force or Threat; Confining or Taking By Force; Other Means of Instilling Fear