Kidnapping
In criminal law, kidnapping is the unlawful abduction and confinement of a person against their will. Kidnapping is typically but not necessarily accomplished by use of force or fear; i.e., it also usually involves menace/assault or/and battery; but it is still kidnapping without those additional elements, or if a person is enticed to enter the vehicle or dwelling willingly.
Several terms redirect here. For other uses, see Kidnapping (disambiguation), Kidnapped (disambiguation), Kidnapper (disambiguation), and Kidnap (disambiguation).
Kidnapping may be done to demand a ransom in exchange for releasing the victim, or for other illegal purposes. Kidnapping can be accompanied by bodily injury, which elevates the crime to aggravated kidnapping.[1]
Kidnapping of a child is known as child abduction, which is a separate legal category.
By jurisdiction[edit]
Canada[edit]
Kidnapping that does not result in a homicide is a hybrid offence that comes with a maximum possible penalty of life imprisonment (18 months if tried summarily).[10] A murder that results from kidnapping is classified as 1st-degree, with a sentence of life imprisonment that results from conviction (the mandatory penalty for murder under Canadian law).[11]
Mexico[edit]
The General Law to Prevent and Punish Crimes of Kidnapping establishes a prison sentence of 20–40 years for an individual convicted of holding another person as a hostage. The prison term increases to 25–45 years if the kidnapping occurred with violence against the victims, and then increases to 25–50 years if the kidnapping was committed by members of public safety. If the kidnapping results in homicide, the prison sentence will be from 40 to 70 years.[12]
Pakistan[edit]
In Pakistan, there are two kinds of kidnapping: Kidnapping from Pakistan and kidnapping from lawful guardianship. Penal Code 360 states that whoever conveys any person beyond the limits of Pakistan without the consent of that person or of some person legally authorized to consent on behalf of that person is said to kidnap that person from Pakistan. Penal Code 363 states that whoever kidnaps any person from Pakistan or lawful guardianship shall be punished with imprisonment of either description of a term which may extend to seven years and shall also be liable to a fine. Kidnapping with a motive of murder, hurt, slavery, or to the lust of any person shall be punished with imprisonment for life with rigorous imprisonment for a term which may extend to ten years and shall also be liable to a fine.[13]
Netherlands[edit]
Article 282 prohibits hostaging (and 'kidnapping' is a kind of 'hostaging').[14] Part 1 of Article 282 allows sentencing kidnappers to maximum imprisonment of 8 years or a fine of the fifth category.[15] Part 2 allows maximum imprisonment of 9 years or a fine of the fifth category[15] if there are serious injuries. Part 3 allows maximum imprisonment of 12 years or a fine of the fifth category[15] if the victim has been killed. Part 4 allows sentencing people that collaborate with kidnapping (such as proposing or make available a location where the victim hostaged). Part 1, 2 and 3 will apply also to them.
United Kingdom[edit]
Kidnapping is an offence under the common law of England and Wales. Lord Brandon said in 1984 R v D:[16]
