Particular Purpose or Intent

Conviction for kidnapping requires purposeful or knowing action, by the defendant, to forcibly restrain the victim.  Kidnapping is the taking or confining of any person, accomplished by force, threat, or deception, with the intent to hold such person: (1) for ransom, or as a shield or hostage; (2) to facilitate flight or the commission of any crime, even if the crime facilitated is a less serious crime, such as robbery or rape; (3) to inflict bodily injury or to terrorize the victim, or another; or (4) to interfere with the performance of any governmental or political function.

One commits kidnapping if he or she abducts another or, having abducted another, continues to restrain him or her with the intent to commit a felony.  The intent to keep or conceal a child from its parent, guardian, or other person having lawful care or control thereof is an essential element under some kidnapping statutes.  Moreover, in some states, in order to convict a defendant of kidnapping the state need to 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. 

First-degree kidnapping requires the intent to force the victim, or any other person, to make any concession or give up anything of value in order to secure the release of the victim who is under the offender’s actual or apparent control.  The offense of aggravated kidnapping requires intent to inflict bodily harm or to terrorize.


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