Created by FindLaw's team of legal writers and editors | Last reviewed January 30, 2018
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The general definition of kidnapping 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 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.
Below you will find key provisions of kidnapping laws in Georgia.
| Statute(s) | Georgia Code Section 16-5-40 (Kidnapping) |
| Defining the Offense | 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:
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| Penalties | The penalties for conviction under Georgia's kidnapping laws will depend on various factors:
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. |
Related Statute(s) |
Georgia Code Sections
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Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
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Kidnapping is a serious crime in Georgia and a conviction can lead to serving time in prison, or further punishment depending on the facts. If you've been charged with kidnapping under Georgia's laws, it's best to contact a local criminal defense attorney to discuss the facts of your case and to prepare the best defense.
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