First Degree Kidnapping in Washington State Lawyers

The unlawful act of taking a person by force or fraud and without consent constitutes the crime of kidnapping. Kidnapping becomes a federal criminal offense when a person takes another across state lines without their consent, by force, or through fraud.

False imprisonment is a related but different crime, because false imprisonment is the act of detaining a person and preventing them from leaving a certain area. Kidnapping involves taking a person, removing them from one place and taking them to another.

There are a number of other related crimes in Washington state as follows:

• Custodial Interference in the Second Degree: This crime is committed when a relative of a person takes the person from their parent or guardian or an institution that has the right to the person’s custody and conceals the person. If the perpetrator is the parent of the child who is taken, they are guilty of custodial interference in the second degree. A first conviction of custodial interference in the second degree is a gross misdemeanor in Washington state. Any conviction after a first conviction of custodial interference in the second degree is a class C felony.
  • It is a complete defense if the perpetrator’s purpose was to protect the child from imminent physical harm;
• Luring: Luring is a class C felony in Washington and is committed when a person orders, lures, or attempts to lure a minor or a person with a developmental disability into any hidden area or structure or into an area or structure that is not accessible to the public or into a motor vehicle;
  • To be guilty of luring the perpetrator must not have the consent of the minor’s parent or guardian or of the guardian of the person with a developmental disability and must not be known to the child or developmentally disabled person.
  • It is a defense to luring if the perpetrator’s actions were, on some basis, reasonable under the circumstances and the perpetrator did not have any intent to harm the health, safety, or welfare of the minor or the person with the developmental disability;
• Trafficking: Trafficking in the first degree is a class A felony that is committed when the perpetrator recruits, harbors, transports, provides, or obtains by any means another person knowing that force, fraud, or coercion will be used to make the person engage in forced labor or involuntary servitude. In addition, any person who benefits financially or receives something of value from participation in a scheme to traffick or commit kidnapping is guilty of trafficking.
  • Anyone who engages in acts the constitute trafficking with a finding of a sexual motivation or that results in death is guitly of trafficking in the first degree. This is a class A felony that is punishable by a term of imprisonment of up to life in prison.

How Does Washington State Classify Kidnapping?

In Washington, a person is considered guilty if they intentionally abduct someone with the intent to commit another crime. Such crimes as the following would qualify as the intended crime for kidnapping:

• Holding the kidnapped person until a reward or ransom is paid;
• Helping in the commission of fleeing another crime scene or fleeing from a felony; so a kidnapper might take another person as hostage in the course of fleeing the scene of another criminal offense;
• Causing bodily injury to the kidnapped victim;
• Causing extreme mental distress to the kidnapped victim or to some third party;
• Interfering with a government function.

What Does It Mean to Kidnap to Cause Bodily Injury to the Victim?

Kidnapping to cause bodily injury to the victim means that the perpetrator is accused of abducting someone for the purpose of intentionally causing them physical harm, such as the following:

• Scarring;
• Paralysis;
• Serious burns or cuts;
• Loss of limb(s);
• Spine, neck, or head injuries.

What Is “Abducting” in a Kidnapping Charge?

To abduct someone means to restrain them by holding them in an area where they are unlikely to be found. It can also mean employing or threatening to employ deadly force to maintain control of the victim.

What Is the Penalty for First Degree Kidnapping in Washington?

In Washington state kidnapping is a class A felony. So, a person convicted of first degree kidnapping could face a sentence of up to life in prison and/or a fine of up to $50,000.

If a defendant does not have any criminal history, conviction of kidnapping is typically punished by a term of imprisonment between 51 and 68 months in prison.

But a felony conviction does not only come with a prison sentence. It can affect many aspects of a person’s life. Some of the negative consequences of a felony conviction are as follows:

• Voting: In many states, felons lose the right to vote until they have completed any sentence they received. A felon with a lengthy prison sentence may never be able to vote again;
• Bearing Arms: A person convicted of a felony is generally banned from possessing a firearm for any reason. In fact, being a felon in possession of a firearm is a felony criminal offense that can lead to another prison sentence;.
• Jury Duty: People who have been convicted of a felony are not allowed to serve on juries until they have completed their sentence;
• Employment: The law allows employers to ask a job applicant if they have been convicted of a felony. If an applicant has to admit to having a felony conviction, an employer is legally allowed to deny the applicant a job. A convicted felon is also not able to obtain many kinds of professional licenses.

What Are the Defenses to a Charge of First Degree Kidnapping?

• The victim was not moved: If the victim was not moved, then there cannot be a conviction for kidnapping. However, the accused could still be convicted of false imprisonment if the individual was confined against their will;
• Mistake: If the defendant was acting under the authority of the law and thought they had the right to capture the victim, then they would have a defense. An example is if they believed there was a warrant out for the person’s arrest, this might constitute a defense;.
• Consent: Any consent by the victim to be taken should establish a defense to a kidnapping charge. Kidnapping requires the taking of a victim against the victim’s will. So, proof of consent would negate the charge;
• Innocence: Witness testimony demonstrating that the prosecution’s evidence is not correct is always helpful to the defense. A person accused of first degree kidnapping should always tell their attorney about any information they may have to show their innocence. For example, if a person has a witness who can testify that the person was somewhere else with someone else at the time the crime was committed, this can serve as a defense.

Should I Contact a Criminal Lawyer for My Kidnapping in the First Degree Charge?

If you have been charged with kidnapping in the first degree in Washington state, it is vitally important that you consult a Washington criminal lawyer about defending against the kidnapping charge or any related charge.

Your lawyer can analyze the evidence against you, advise you of the defenses you have, negotiate with the prosecution and represent you at trial if that should become necessary.