{"id":376018,"date":"2016-03-31T21:36:30","date_gmt":"2016-04-01T02:36:30","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/pennsylvania-law\/pennsylvania-kidnapping-laws.html"},"modified":"2018-03-28T15:00:03","modified_gmt":"2018-03-28T20:00:03","slug":"pennsylvania-kidnapping-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/pennsylvania-law\/pennsylvania-kidnapping-laws.html","title":{"rendered":"Pennsylvania Kidnapping Laws"},"content":{"rendered":"\n
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Pennsylvania 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

Overview of Pennsylvania Kidnapping Laws<\/h2>\n

According to Pennsylvania criminal law, a person commits the crime of kidnapping in one of two ways. First, kidnapping<\/a> occurs when a person "unlawfully removes another a substantial distance under the circumstances" from the place where he or she is found. Whether the victim has been removed a "substantial distance" is determined on a case-by-case basis. However, the requirement is generally satisfied where the distance imposed isolates the victim and exposes him or her to an increased risk of harm, and is not merely incidental to commission of another crime necessarily involving movement or force, such as robbery.<\/p>\n

Alternatively, a person is guilty of kidnapping when he or she "unlawfully confines another for a substantial period in a place of isolation." Like the determination of "substantial distance," the victim’s confinement for a "substantial period" is also an individualized inquiry, and may depend on the victim’s mental state. However, the victim need not be left alone in order to be confined in "a place of isolation."<\/p>\n

A person "unlawfully" removes or confines another person when such removal or confinement is accomplished by force, threat or deception, or without the consent of the person’s parent, guardian or other person responsible for general supervision of his or her welfare, when the victim is under the age of 14 years or an incapacitated person.<\/p>\n

Below are additional details about Pennsylvania’s kidnapping laws:<\/p>\n\n
Statute<\/b><\/td>\nPennsylvania Statutes Section 18-2901<\/a><\/td>\n<\/tr>
Intent Required for Conviction<\/b>
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The defendant had the intent to:<\/p>\n

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  • (a) hold the victim for ransom or reward, or as a shield or hostage;
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  • (b) facilitate commission of any felony or flight thereafter;
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  • (c) inflict bodily injury on or terrorize the victim or another person; or
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  • (d) interfere with a public official’s performance of any governmental or political function.<\/li>\n<\/ul>\n<\/td>\n<\/tr>
Penalties<\/b><\/td>\nCharged as a 1st degree felony (prison sentence of up to 20 years).
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The defendant’s intent to inflict bodily harm on the victim or another person will not be negated if he or she does not actually inflict bodily harm on such person.<\/p>\n

In Pennsylvania, a parent may be convicted of kidnapping his or her own child. Certain other states generally do not recognize such convictions.<\/p>\n

Defenses<\/h2>\n