{"id":372762,"date":"2018-01-30T11:39:41","date_gmt":"2018-01-30T16:39:41","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/state\/georgia-law\/georgia-kidnapping-laws.html"},"modified":"2018-01-30T11:41:30","modified_gmt":"2018-01-30T16:41:30","slug":"georgia-kidnapping-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/georgia-law\/georgia-kidnapping-laws.html","title":{"rendered":"Georgia Kidnapping Laws"},"content":{"rendered":"\n
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Georgia Kidnapping Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\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

The general definition of kidnapping<\/a> is taking a person against his or her will and confining that person to a controlled space. While each state has its own definition of kidnapping, it’s generally classified as a felony<\/a> regardless of the jurisdiction. In Georgia, kidnapping is defined as abducting a person without lawful authority and holding that person against his or her will. Kidnapping is a serious crime under Georgia’s laws, and will result in imprisonment. The possible prison term will depend on various circumstances, such as if a ransom was demanded or if the victim was under 14 years of age.<\/p>\n

Georgia Kidnapping Laws Overview<\/h2>\n

Below you will find key provisions of kidnapping laws in Georgia.<\/p>\n\n
Statute(s)<\/b><\/td>\n

Georgia Code Section 16-5-40<\/a> (Kidnapping<\/i>)<\/p>\n<\/td>\n<\/tr>

Defining the Offense<\/b><\/td>\n

In order to be charged under this statute, there must be slight movement. However, if the movement occurs while committing a different offense and is incidental, it’s not kidnapping. Movement isn’t incidental to another offense if it:<\/p>\n

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  • Isolates\/conceals the victim;<\/li>\n
  • Makes committing the offense substantially easier;<\/li>\n
  • Lessens the risk of detection; ?or<\/li>\n
  • Is done in order to avoid apprehension.<\/li>\n<\/ul>\n<\/td>\n<\/tr>
Penalties<\/b><\/td>\n

The penalties for conviction under Georgia’s kidnapping laws will depend on various factors:<\/p>\n

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  • If the victim was 14 years of age or older<\/i>: prison term for at least 10 years and not exceeding 20 years.<\/li>\n
  • If the victim was younger than 14 years of age<\/i>: prison term for life, or a split sentence that is a term of imprisonment for at least 25 years and not more than life imprisonment, followed by probation for life.<\/li>\n
  • If a ransom was demanded<\/i>: life in prison or death.<\/li>\n
  • If the victim received bodily injury<\/i>: life in prison or death.<\/li>\n<\/ul>\n

    Any person convicted under this statute will also be subject to sentencing and punishment provided by sections 17-10-6.1 and 17-10-7 of the Georgia Code.<\/p>\n<\/td>\n<\/tr>

Related Statute(s)<\/b><\/p>\n<\/td>\n

Georgia Code Sections<\/p>\n