Kidnapping in the first degree in Washington State happens when someone takes the victim against their will to commit another felony. The victim may be held hostage, injured physically, or the offender may be trying to escape from a crime. However, abduction in the second degree is a less serious form of kidnapping with a unique set of criteria.
Kidnapping is also known as:
- The taking of a person into custody;
- Without their permission,
- With a purpose to:
- Remove the person later by carrying them;
- Hold the person as a hostage;
- Utilize the person as a human shield;
- Cause the person to suffer harm on a physical or mental level; or
- Utilize the person to assist in the commission of a crime.
In other words, the offense is committed by the defendant intending to imprison or relocate the person or by the defendant doing so.
The second kidnapping previously mentioned is referred to as a crime with special intent. In this kind of crime, the defendant intends to perform another crime that would be unlawful on its own in addition to abduction.
A general kidnapping with the explicit goal to do one of the following is referred to as a specific intent kidnapping.
- Take the person away;
- Hold the person as a hostage;
- Make use of the person as a shield;
- Utilize the person to conduct a crime; or
- To harm the person in some way.
In general, the crime is categorized as aggravated kidnapping if the victim is unlawfully taken, imprisoned, moved, or moved with the intent to demand a ransom or other payment. Some particular intent kidnappings are also regarded as aggravated kidnappings. Generally speaking, aggravated kidnapping carries a harsher punishment than a simple kidnapping.
Kidnapping can be carried out by a stranger or a person the victim knows. Parental kidnapping, often known as the kidnapping of a child by one parent against the wishes of the other, is another scenario where it might happen.
The victim’s awareness of the confinement is the most crucial component. False incarceration cannot happen if the victim has a viable method of emancipation. It is also crucial to remember that an omission may serve as the foundation for false imprisonments, such as purposefully omitting to unlock a door if someone is imprisoned inside.
False imprisonment happens when someone is confined and unable to leave. On the other hand, kidnapping can only occur when someone intends to transport or confine a person and then actually does so against that person’s will.
False imprisonment is a tort (civil infraction) and a criminal offense. However, there is no corresponding civil offense for kidnapping. Therefore, there is no such thing as a civil kidnapping tort.
Kidnapping: A Felony or Misdemeanor Offense?
In all states, kidnapping is regarded as a criminal. However, the classification of felonies may vary. It is also significant to remember that, as will be covered below, a felony may be regarded as a federal infraction.
If found guilty of a felony, the defendant may be subject to jail time, fines, and other punishments. The defendant may reimburse the victim’s losses due to the defendant’s acts through restitution.
Depending on the jurisdiction, aggravated kidnapping carries a sentence of 10, 20, or more years in jail. A charge of aggravated abduction may be brought against the offender if the victim passes away while being abducted or before being brought back to safety.
A person convicted of kidnapping may also be subject to monetary fines and prison. These usually cost $5,000 or more. The defendant may be subject to a fine that is equivalent to or a multiple of the monetary gain from the crime from which the victim was utilized during the act.
What in Washington State Constitutes Kidnapping in the Second Degree?
A person knowingly kidnapping another individual for any cause other than those specified under first-degree is considered a second-degree kidnapping. Therefore, abduction in the second degree does not involve the following:
- Demanding a ransom.
- Escaping from a crime.
- Inflicting harm on the victim.
- Interfering with official work.
Are There Any Defenses to Second-Degree Kidnapping?
Yes. Second-degree kidnapping has a few common defenses, like consent. The second-degree charge is also a defense listed by the State of Washington. If the defendant is successful in proving, by a majority of the evidence:
- There was no use of fatal force or the intention to use it throughout the abduction;
- The defendant’s relative was the victim; and
- The only goal of the defendant was to obtain custody of the person.
It is important to remember that some people, especially those who have been found incapable of making informed decisions, might not be able to consent. The consent defense cannot be successfully raised concerning those people in those circumstances.
What is the Penalty in Washington State for Kidnapping in the Second Degree?
Second-degree kidnapping is a class B felony in Washington. It carries a maximum ten-year prison sentence and a $20,000 fine. However, suppose the offender sexually assaulted the victim while the victim was being kidnapped. In that case, it becomes a class A felony punishable by up to life in prison or a fine of $50,000.
What Distinguishes Kidnapping from False Imprisonment?
Although false imprisonment and kidnapping might sometimes be mistaken, they are two separate crimes. These offenses differ greatly from one another.
False imprisonment is a crime that is committed when someone restrains another person against their will and puts them in danger of significant injury or death. False imprisonment may be committed by someone who knowingly restricts another person’s freedom of movement without that person’s agreement.
False incarceration may be committed by someone who:
- Says or does something with the intention of containing the victim;
- The defendant genuinely imprisons the victim for a while;
- The sufferer was conscious of the restraint; and
- The imprisonment or confinement was both unlawful and intentional.
The victim’s awareness of the confinement is the most crucial component. False incarceration cannot happen if the victim has a viable method of emancipation. It is also crucial to remember that an omission may serve as the foundation for false imprisonments, such as purposefully omitting to unlock a door if someone is imprisoned inside.
False imprisonment happens when someone is confined and unable to leave. On the other hand, kidnapping can only occur when someone intends to transport or confine a person and then actually does so against that person’s will.
When Does Kidnapping Become a Federal Crime?
Federal kidnapping rules make it illegal to transport a victim across state boundaries during a kidnapping. According to the Lindbergh Law, sometimes known as the Federal Kidnapping Act, a kidnapping involving a victim’s transportation across state borders may result in a 20-year jail sentence.
The Federal Kidnapping Act stipulates even harsher punishments if the victim is under 18 and the kidnapper is above 18 and not a close relative or legal guardian. In these situations, a mandatory minimum term of 20 years in prison is imposed for the abduction offense.
Should I Get Legal Assistance?
A criminal defense attorney in Washington will create a solid defense to combat your abduction case. They can provide you with the guidance needed for your case.
