{"id":352097,"date":"2023-09-07T10:51:37","date_gmt":"2023-09-07T15:51:37","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/criminal\/criminal-charges\/kidnapping.html"},"modified":"2025-05-27T00:00:00","modified_gmt":"2025-05-27T05:00:00","slug":"kidnapping","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-charges\/kidnapping.html","title":{"rendered":"Kidnapping"},"content":{"rendered":"\n
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Kidnapping<\/h1>\n\n
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\n By John Mascolo, Esq.<\/a> | Legally reviewed by John Mascolo, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Kidnapping is a crime under both federal and state law, involving the unlawful taking or confinement of a person. Penalties are severe, especially when the crime involves children, crosses state lines, or includes aggravating factors like injury or sexual assault. Even parents can face kidnapping charges if they violate custody orders.<\/p>\n\n <\/div>\n\n\n\n

For some, kidnapping conjures up stories and images of notorious crimes from the past. Consider the shock of the kidnapping and murder of the Lindbergh baby in 1932 or the abduction of Patty Hearst in 1974.\u00a0<\/p>\n

You may also recall the terrorizing effect of international incidents of hostage-taking. The news cycle kept viewers glued to their TV sets as kidnappers took hostages at the Munich Olympics in 1972. Concerned citizens watched tragic events unfold at the U.S. Embassy in Iran in 1979 and on the fatal flights of 9\/11 in 2001.<\/p>\n

Under federal and state law, kidnapping involves the taking of a person from one place to another against their will, often by physical force. It can also include the confinement of a person to a controlled space without their consent. Some kidnapping laws require that the taking or confinement be for an unlawful purpose, such as\u00a0extortion<\/a>\u00a0or to commit another crime.<\/span><\/p>\n

Kidnapping incidents involving strangers may garner more media attention. Yet a parent without\u00a0legal custody rights<\/a>\u00a0may face kidnapping charges for taking their own child against court custody orders.<\/p>\n

This article reviews federal and state kidnapping laws and penalties. It also discusses related offenses and defenses to these criminal charges. For targeted legal advice, contact a criminal law attorney<\/a> near you.<\/p>\n

Federal Kidnapping Laws<\/h2>\n

Most kidnapping cases are prosecuted at the\u00a0state level<\/a>. Federal authorities typically get involved if the kidnapping crosses state lines. Federal criminal law (18 U.S.C. Section 1201<\/a>) makes kidnapping a serious\u00a0felony offense<\/a>. Prison sentences may reach 20 years or more, depending on prior convictions and the circumstances of the case.<\/p>\n

To sustain a federal charge of kidnapping, the government must show that the offender both:<\/p>\n