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Lack of Consent of Victim

One of the essential elements of kidnapping is lack of consent of victim.  Both common law and modern statutes state that the taking or carrying away must be against the will of the victim.  The involuntariness of the seizure and detention is the very essence of the crime of kidnapping.  The fact that the victim may have initially consented to some conduct does not necessarily prevent the establishment of the lack of consent element.

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