Georgia Kidnapping Attorneys

In many states, kidnapping is defined as the unlawful act of taking an individual away from their current location. The act must be committed either by fraud or force and without the victim’s consent.

Kidnapping is a crime whether the victim is kidnapped by a family member or a complete stranger.

How Is Kidnapping Defined in Georgia?

In Georgia, kidnapping is defined as abducting or stealing away another individual against their will by a person who does not have any lawful warrant or authority to take or hold the person.

What If I Did Not Take or Move the Victim Anywhere?

A person may still be guilty of kidnapping if their actions otherwise constitute kidnapping even if they did not actually move the victim to another location. Only a slight movement is good enough for the act to be considered kidnapping as long as the slight movement is not merely incidental to committing another crime.

Can a Parent Kidnap Their Own Child in Georgia?

A person can kidnap their own child in Georgia and if convicted of kidnapping, be punished like any other perpetrator of a kidnapping. Parental kidnapping is actually a common form of child abduction, especially in divorce cases in which custody is disputed. A parent can be charged and prosecuted for kidnapping if they take their child from the other parent when they do not have a legal custody order from a court.

A parent may believe that they are justified in kidnapping their child for a variety of reasons. For example, the parent may believe the child could be harmed or killed if left with the other parent. However, a parent may also kidnap their child to punish the other parent and cause them pain.

Whatever the reason for parental kidnapping, it is a crime in Georgia that can be punished by many years in prison. In fact, kidnapping is punished more harshly if the victim is under the age of 14, as noted below.

When Is Kidnapping Not Incidental to Another Crime?

The slight movement of the victim in the crime of kidnapping is not considered to be merely incidental to the commission of another crime if the movement is done as follows:

• It isolates or conceals the victim;
• It makes committing the offense substantially easier;
• It reduces the risk of detection; or
• It is done in order to avoid apprehension.

Again, if the movement of the victim in the course of a kidnapping has any of these characteristics, it is not merely incidental. It is an element of the kidnapping.

Are False Imprisonment and Kidnapping the Same Crime in Georgia?

False imprisonment and kidnapping are not the same crime In Georgia. False imprisonment is committed when a person confines, detains, or arrests an individual without legal authority to do so. The perpetrator may not make any effort to conceal or hide the victim. Kidnapping occurs when the person abducts or takes another without legal authority or consent.

What Is the Penalty for Kidnapping in Georgia?

The penalty that a person may face for kidnapping depends on the victim’s age and whether there are aggravating factors. If convicted of kidnapping a person who is 14 years old or older at the time of the crime, a perpetrator will face a punishment of 10 to 20 years in prison.

The penalty for kidnapping a minor under the age of 14 is as follows:

• 25 years to life in prison
• Probation for life following the prison sentence if the prison sentence is less than life.

The aggravating factors for a kidnapping sentence include the following:

• Holding the victim for ransom and causing the victim to suffer a bodily injury in the course of the kidnapping;
• Having a prior conviction for a capital felony;
• Committing the kidnapping while the defendant was engaged in the commission of another capital felony or aggravated battery,
• By their act of kidnapping, the defendant knowingly created a great risk of death to more than one person in a public place through use of a weapon or device which is hazardous to the lives of more than one person. So, for example, if the defendant used a semi-automatic weapon or an explosive device that might have caused injury to bystanders, it would show the presence of this aggravating factor;
• The offense of kidnapping was outrageously or wantonly vile, horrible, or inhuman because it involved torture, depravity of mind, or an aggravated battery to the victim;
• The offense of kidnapping was committed by a person who had been convicted of rape, aggravated sodomy, aggravated child molestation, or aggravated sexual battery before committing the present offense.

If any of these, or other, aggravating factors are shown by the facts in a case, then the punishment can be life in prison or the death penalty.

Are There Any Defenses to Kidnapping?

The defenses to kidnapping in Georgia are as follows:

• Victim Not Moved: Under the Georgia kidnapping statute, a necessary element of the crime of kidnappy is “movement” or “abductinging and stealing” away of the victim. Thus, if a defendant can present evidence to the prosecution before trial, or at trial to the judge or jury, that the defendant did not move the alleged victim as required by the law, then the defendant cannot be convicted of kidnapping. The defendant can, however, be charged with and convicted of the crime of false imprisonment, which does not require movement of the victim;
• Wrong Age: In a kidnapping case in Georgia, the age of the victim is significant. If the prosecution alleges that the victim is under 14, the penalty is more harsh, as noted above. If the defendant can show that the age alleged by the prosecution is incorrect and the victim is actually 14 or older, then the sentence is reduced in severity from 25 years to life in prison and probation for life to 10 to 20 years in prison;
• Innocence: Of course, as in all criminal trials, the prosecution must prove that the perpetrator of an alleged kidnapping is guilty beyond a reasonable doubt. So, if the accused perpetrator, or their attorney, can show that the alleged perpetrator did ot commit a kidnapping as defined by the statute, then they cannot be convicted of kidnapping.
  • Facts might allow the alleged perpetrator to claim that they have been wrongly identified as the perpetrator of the crime. They may claim that they were in a different place entirely at the time the crime was committed. This is known as an “alibi” defense. Of course, this defense is more likely to succeed if the defendant has a witness who is willing to testify that the defendant was with them in a location far from the scene of the crime at the time it was committed.

Do I Need an Attorney for Help with My Kidnapping Charge in Georgia?

Kidnapping is a serious crime, and conviction brings serious criminal penalties, e.g. possibly life in prison or as many as 25 years in prison and life on probation after release. The death penalty is a possibility.

It does not get more serious than this, so if you have been charged with kidnapping, you want to consult an experienced Georgia criminal defense attorney for help immediately to start working on your case.