{"id":373990,"date":"2018-07-06T13:07:13","date_gmt":"2018-07-06T18:07:13","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/state\/massachusetts-law\/massachusetts-kidnapping-laws.html"},"modified":"2026-07-15T15:34:26","modified_gmt":"2026-07-15T20:34:26","slug":"massachusetts-kidnapping-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/massachusetts-law\/massachusetts-kidnapping-laws.html","title":{"rendered":"Massachusetts Kidnapping Laws"},"content":{"rendered":"\n
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Massachusetts Kidnapping Laws<\/h1>\n\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Laura Temme, 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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Key Takeaways<\/h2>\n

Massachusetts<\/span> kidnapping<\/span> laws criminalize forcibly or secretly confining another person against their will. Kidnapping is a felony that carries severe penalties, including up to 10 years in state prison<\/span> for general kidnapping or life imprisonment for aggravated kidnapping involving weapons, extortion<\/span>, or harm to victims. The state distinguishes between general kidnapping, aggravated kidnapping, and parental kidnapping, with penalties varying based on specific circumstances.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

Kidnapping is one of the most serious criminal charges a person can face. Every state, including the Commonwealth<\/span> of <\/span>Massachusetts<\/span>, has specific laws dealing with this criminal offense<\/span>. All jurisdictions treat the crime of kidnapping<\/span><\/a> as a felony.<\/p>\n

Massachusetts<\/span> law defines kidnapping as secretly or forcibly confining another person against their will. The state kidnapping statute also recognizes the crime of aggravated kidnapping, which involves the unlawful confinement of someone using a firearm or for the purpose of extorting money<\/a>.<\/p>\n

This article explains Massachusetts<\/span>‘ kidnapping laws, including the penalties and defenses to general kidnapping, aggravated kidnapping, and parental kidnapping<\/a>. If you’re facing kidnapping charges<\/span> in Massachusetts<\/span>, it\u2019s a good idea to speak with an experienced criminal defense lawyer<\/span><\/a>. Given the severe penalties for this crime, it’s in your best interest to have a legal professional help with your kidnapping case<\/span>.<\/p>\n

Elements of a Massachusetts<\/span> Kidnapping<\/span><\/h2>\n

For the prosecutor to secure a kidnapping conviction, they must prove each element of the offense beyond a reasonable doubt<\/span><\/a>. This is especially true for aggravated kidnapping. If the state cannot prove that any of the aggravating factors exist, it must reduce the charge to either general kidnapping or false imprisonment<\/a>.<\/p>\n

According to Massachusetts<\/span> General Laws <\/span>Chapter 265<\/span> Section 26<\/a>, the elements of general kidnapping involve a defendant forcibly or secretly confining the alleged victim<\/span> without lawful authority<\/span> and with the intent to unlawfully restrict the victim’s movement. The statute does not require physical force. A person can be guilty of the offense of kidnapping<\/span> regardless of the manner in which they restrain or confine the victim.<\/p>\n

Under Massachusetts<\/span> law<\/a>, a person is guilty of aggravated kidnapping if any of the following circumstances exist:<\/p>\n