Massachusetts Kidnapping Laws

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

Massachusetts 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.

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

Elements of a Massachusetts Kidnapping

For the prosecutor to secure a kidnapping conviction, they must prove each element of the offense beyond a reasonable doubt. 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.

According to Massachusetts General Laws Chapter 265 Section 26, the elements of general kidnapping involve a defendant forcibly or secretly confining the alleged victim without lawful authority 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 regardless of the manner in which they restrain or confine the victim.

Under Massachusetts law, a person is guilty of aggravated kidnapping if any of the following circumstances exist:

• The defendant causes serious bodily injury to the victim
• The individual uses a firearm during the commission of the kidnapping
• The defendant commits the kidnapping for the extortion of money, services, or ransom
• The victim is under 16 years of age (this does not apply in criminal cases involving a parental abduction)
• The defendant commits a sexual assault against the victim
• The defendant commits a kidnapping against a vulnerable person
• The defendant has a prior criminal record

Aggravated kidnapping carries significantly more severe penalties than a regular kidnapping charge.

Important Terms

The detailed rules in Massachusetts kidnapping laws use specific terms. Knowing these can help make it a little easier to understand what’s at stake. These terms include:

• Forcibly: Using force or the threat of force
• Secretly: Without the alleged victim‘s knowledge
• Confinement: The restriction of the victim’s freedom of movement
• Extortion: Demanding money in exchange for the release of a kidnapping victim
• Firearm: A firearm may include weapons such as a machine gun, an assault weapon, or any other shooting implement
• House of Corrections: As opposed to a state prison, this is a county jail that houses defendants waiting for trial
• Vulnerable person: Someone over the age of 60 or a person with a mental or physical disability

What terms apply will depend on the information supplied by law enforcement.

Penalties for Kidnapping in Massachusetts

A person convicted of kidnapping in the Commonwealth of Massachusetts faces severe penalties. The specific sanction depends on the facts of the case and the actual criminal charges. If any of the aggravating factors discussed above exist, the defendant’s prison sentence will likely be enhanced.

The penalties for kidnapping are as follows:

• General kidnapping: Up to 10 years in state prison or up to 2.5 years in a House of Corrections, and/or a fine of up to $1,000
• Kidnapping with intent to extort the victim or a third party: Life imprisonment or any term of years
• Kidnapping with a firearm and intent to extort: Life imprisonment or any term of years, with a mandatory minimum of 20 years
• Kidnapping with a firearm: Mandatory minimum prison sentence of 10 years or 2.5 years in a House of Corrections
• Kidnapping with a dangerous weapon that results in serious bodily injury or sexual assault: Mandatory minimum sentence of 25 years in prison
• Kidnapping of a minor: If the victim is less than 16 years of age, the defendant faces up to 15 years in state prison
• Parental kidnapping: Up to one year in the House of Corrections and a $1,000 fine
• Parental kidnapping out of state: Up to five years in state prison and fines of up to $5,000

With so much at stake, trying to defend yourself is a terrible risk. An experienced Massachusetts criminal defense attorney can help to protect your constitutional rights and guide you through the process.

Possible Defenses to the Crime of Kidnapping

One reason many criminal defendants hire an attorney is to help them develop a strong defense strategy. As with any other crime, you have the right to defend yourself.

Some of the possible defenses to kidnapping in the Commonwealth of Massachusetts include:

• Consent: If the alleged victim consented to the confinement, the state must dismiss or reduce the criminal charges against you
• Lack of intent: To prove you’re guilty, the prosecutor must demonstrate that you intended to unlawfully restrain the victim’s movement
• Mistaken identity: The prosecution must provide evidence showing that you, and not somebody else, were the person who committed the kidnapping

The best outcome is for your attorney to defeat the kidnapping charges and secure an acquittal. If this isn’t possible, they may be able to negotiate a favorable plea bargain with the prosecutor.

Get Legal Help With Your Kidnapping Charges in Massachusetts

Kidnapping is a serious offense in Massachusetts. Depending on the facts of your case, you may face life in prison. The best way to protect your legal rights is to work with someone who is familiar with the law and the criminal justice system.

Speak with a criminal defense attorney as soon as possible after your arrest. They’ll examine the facts of your case, explain your options, and guide you through the legal process.