Also known as: forcible abductions · forcibly abduct · forcibly abducts · forcibly abducted · forcibly abducting · abduction by force
Written by attorneys · grounded in primary & secondary sources — see below
The act of seizing and carrying away a person by force sufficient to overcome resistance. At common law this element combined with transportation from the victim's own country into another country to constitute the misdemeanor of kidnapping.
Felicity French directed two associates to administer a sedative to Flora Ford while she slept in her hotel room in Nation A. The associates loaded the unconscious Ford into a van and drove her across the international border into Nation B. Upon arrival Ford was confined in a guarded facility. The covert sedation overcame Ford's will and enabled the physical removal from one country into another.
Forrest Falconer directed security personnel to place Felicia Fuentes into an off-road vehicle at a site in Nation A. The doors locked automatically and the vehicle crossed the border into Nation B without Fuentes's consent. Fuentes was then held at a remote camp for three days. The confinement in the locked vehicle during the border crossing satisfied the forcible carrying away requirement.
Select any source to read its text and confirm it supports the definition.
Yes. The common law definition requires forcible abduction sufficient to overcome the victim's will. Covert administration of a sedative that renders the victim unconscious and enables transport across an international border meets this standard even without outward resistance or outcry.
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No. Physical resistance is not required. Force or coercion sufficient to overcome the victim's will satisfies the forcible element.
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No. The common law offense requires transportation from the victim's own country into another country. Movement between states within the same country fails this element even if force is used.
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No. The traditional common law definition turned solely on forcible abduction and international transportation. Motive such as ransom or silencing a whistleblower is irrelevant to liability.
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…conviction." Gerstein v. Pugh , 420 U. S. 103, 119. In Frisbie v. Collins , 342 U. S. 519, for example, a defendant had been forcibly abducted from one State and brought to another to stand trial, but the trial itself was fair, and the Court upheld his conviction. See also Mahon v. Justice , 127 U. S. 700; Ker v. Illinois , 119…