Also known as: simple kidnap · kidnapping
Written by attorneys · grounded in primary & secondary sources — see below
A criminal offense consisting of the unlawful removal of another from a place of residence or business or a substantial distance from the vicinity where found, or the unlawful confinement of another for a substantial period in a place of isolation, accomplished by force, threat, or deception and done for a prohibited purpose such as holding for ransom or facilitating commission of a felony.
Todd and Andrea planned to seize Imogen from a parking lot to pressure her wealthy parent into donating to their shelter. They bound the teenager and left her overnight in an unheated van during freezing weather. Imogen died of hypothermia. Because the pair committed simple kidnapping, the resulting death is treated as murder under the extreme-indifference rule.
Samuel directed associates to sedate Heather in her State A hotel room and load her into a van. The group then drove her across the international border into State B and confined her at a guarded laboratory. The forcible abduction followed by transportation from one country into another satisfied the elements of simple kidnapping at common law.
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Grant blocked the only exit in a small conference room, brandished a box cutter, and advanced on Mia while threatening that no one would leave alive. Mia struck Grant with a ceramic mug, fracturing his skull. Because Grant's conduct created an imminent threat of simple kidnapping, Mia's use of deadly force was justified in self-defense.
Rita directed Silas into a locked vehicle that crossed from State A into State B and drove a substantial distance to a remote guarded camp. Silas was then confined for three days in an isolated cabin while guards prevented exit. The removal and confinement were accomplished by force and threat for the purpose of halting protests, establishing simple kidnapping under the Model Penal Code.
A male defendant compelled a female victim to submit to sexual intercourse by threatening to inflict kidnapping on her child if she resisted. The threat of simple kidnapping supplied the force element required for rape liability under the Model Penal Code.
A defendant was convicted of murder after the killing occurred during the commission of a simple kidnapping. The sentencing statute listed kidnapping among the felonies that could support imposition of the death penalty.
Common law kidnapping requires forcible abduction and transportation from one country into another country. Model Penal Code kidnapping is satisfied by unlawful removal a substantial distance or confinement for a substantial period in isolation when done for a listed purpose such as ransom or facilitating a felony.
No. Even if the victim initially accepts an invitation, subsequent confinement by force, threat, or deception without ongoing consent satisfies the elements of simple kidnapping under both common law and the Model Penal Code.
When the actor commits or is an accomplice in simple kidnapping and a death results, the law presumes the required recklessness manifesting extreme indifference to human life, elevating the homicide to murder.
A threat to commit simple kidnapping supplies the force or threat element that can elevate nonconsensual sexual intercourse to rape under the Model Penal Code.
…and the officers testified to the prior oral confession made by Miranda during the interrogation. Miranda was found guilty of kidnapping and rape. He was sentenced to 20 to 30 years' imprisonment on each count, the sentences to run concurrently. On appeal, the Supreme Court of Arizona held that Miranda's constitutional…