Taking, Seizing, Detention, or Restraint

Generally, the elements of the crime of kidnapping depend on the wording of the applicable state statute.  However, generally the offense of kidnapping consists of the taking and intent to kidnap.  The elements of coercion or deception are als generally essential to the crime of kidnapping.  Furthermore, kidnapping generally includes the seizing, confining, or detention of another, and such conduct is, essential to a criminal abduction or kidnapping. 

According to some authorities, confinement alone is sufficient to constitute kidnapping.  The essence of confinement is not its location but whether the victim, by his or her confinement, is effectively isolated from the usual protections of society.  The element of restraint is present, when there is substantial interference with the person’s liberty.

In some states, in order to convict defendant of kidnapping, it is required 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.


Inside Taking, Seizing, Detention, or Restraint