New Jersey Kidnapping Laws

Kidnapping is an extremely serious crime that carries severe penalties. Some kidnapping cases involve parental abductions, such as when a parent disagrees with their child custody order. Others involve the abduction of a perfect stranger. Regardless of the motive or specific facts of the case, a kidnapping conviction will involve a lengthy prison sentence and, in most cases, significant fines.

New Jersey law classifies the crime of kidnapping as a crime of the first degree. If, however, the defendant releases the victim unharmed before the arrest, then it may be a second-degree offense. New Jersey’s criminal laws also provide for enhanced penalties when certain aggravating factors are present.

This article examines and explains New Jersey’s kidnapping laws, including the penalties and defenses to this crime. If you’re facing kidnapping charges, it’s best to consult a local criminal defense lawyer as soon as possible after your arrest.

How New Jersey Defines Kidnapping

New Jersey law defines kidnapping as unlawfully removing someone from their residence, business, or other location that is a substantial distance from where law enforcement finds them. Kidnapping may also involve an individual holding another person for ransom, reward, or as a shield or hostage.

The New Jersey Revised Statutes make it illegal to confine another individual for any of the following reasons:

• To facilitate the commission of a crime
• To terrorize the victim
• To inflict bodily injury on the victim or another
• To interfere with the performance of a governmental or political function; or
• To permanently deprive a parent, guardian, or other lawful custodian of custody of the victim

Committing any of these offenses will earn a kidnapping charge as either a first- or second-degree crime.

What Does the State Have To Prove To Convict You of Kidnapping in New Jersey?

It is not enough to prove that someone removed another person from one location and transported them to another location. If the prosecutor expects to convict a defendant of first-degree or second-degree kidnapping, they must prove each element of the crime.

To secure a kidnapping conviction, the state must prove beyond a reasonable doubt that the defendant unlawfully removed or confined another person using force, threat, or deception. It must also show that the defendant did so with the intent to hold the victim for ransom, terrorize or cause bodily harm to the victim, interfere with a governmental or political function, or permanently deprive the victim’s parents (or guardian) of custody.

The state must also prove substantiality. This means it must demonstrate that the perpetrator moved the victim a substantial distance from their initial location, held them for a substantial period, or created a substantial risk of harm.

Parental Kidnapping

While some kidnappings involve complete strangers, many cases involve one parent removing their child from the other parent. This can occur when a non-custodial parent in the middle of a custody dispute disagrees with the family law judge’s child custody order. They may believe the custodial parent is unfit and decide to take their child to what they consider a safe place.

This scenario certainly meets the elements of kidnapping. Criminal courts in New Jersey often treat these cases a bit differently than kidnappings involving strangers. A parent is guilty of parental kidnapping (or Interference with Custody) when they conceal one of their children to deprive the other parent of custody or parenting time, or take/conceal a child after receiving custody papers (but before the judge issues a custody order).

If the parent takes or conceals their child with the intent to permanently deprive the other parent of custody or parenting time, they are guilty of felony kidnapping. They may violate the UCCJEA (Uniform Child Custody Jurisdiction and Enforcement Act) as well if they take the child across state lines. A person guilty of parental kidnapping not only faces the standard penalties for kidnapping, but they also face a loss of parenting time or parental rights.

Penalties for Kidnapping in New Jersey

The penalties for kidnapping in New Jersey are severe for both first- and second-degree kidnapping. If you’re convicted of either of these serious crimes, you will face a lengthy term of imprisonment and hefty fines.

The specific penalties for first and second-degree kidnapping in New Jersey are as follows:

First-Degree Kidnapping:

• Prison term of 15 to 30 years
• If the victim is less than 16 years of age or there are other aggravating factors (such as sexual assault, criminal sexual contact, or selling the victim for financial gain), the penalty increases to 25 years to life without the possibility of parole
• Fines of up to $200,000

Second-Degree Kidnapping:

• Between five and 10 years in prison
• Fines of a varying amount

If the perpetrator commits a murder during the kidnapping, the state can charge them with first-degree murder under the felony murder rule.

Possible Kidnapping Defenses

If you’re facing kidnapping charges, your criminal defense attorney will craft a strong defense to help you avoid a conviction.

The State of New Jersey recognizes the following affirmative defenses to the crime of kidnapping:

• Consent of the victim (or their parent/guardian if the victim is under 16)
• The defendant reasonably believed that their action was necessary to prevent imminent danger and notified law enforcement, the county prosecutor, or a state agency within 24 hours
• A parent (with lawful custody) takes a child under the age of 14, where the child goes willingly and the defendant has no intent to commit a crime
• Lack of consent
• Duress or coercion
• Mistaken identity
• Unlawful arrest

This is not an exhaustive list. Other defenses may arise, depending on the specifics of your case.

Crimes in New Jersey Related to Kidnapping

The state of New Jersey recognizes other crimes related to kidnapping. These crimes are not as serious as kidnapping, but still carry severe penalties. New Jersey law recognizes two related crimes: false imprisonment and criminal restraint. Both crimes are typically felonies, with criminal restraint being a third-degree crime.

Both crimes are examined in more detail below.

False Imprisonment

False imprisonment can be a tort (civil offense) or a crime. Our focus here will be on criminal false imprisonment.

False imprisonment is similar to kidnapping, but not exactly the same. The perpetrator confines the victim but does not move them to a substantially different location. Like a defendant in a kidnapping case, a defendant in a false imprisonment case must have a malicious intent when they confine the victim.

The penalties for this crime in New Jersey depend on the facts of the case. If no other crime is involved, the state will usually charge the person with a disorderly persons offense, which is a misdemeanor. If the defendant intended to harm the victim or commit another crime, they will face third-degree felony charges.

The penalty for third-degree false imprisonment includes a prison sentence of up to five years and fines of up to $15,000. Misdemeanor false imprisonment carries a maximum of six months in jail and fines.

Criminal Restraint

Criminal restraint is also similar to kidnapping. The elements of this offense are almost identical to those of kidnapping, but have slight differences.

To prove someone guilty of criminal restraint, the prosecutor must demonstrate that the defendant knowingly restrained the victim using force, threats, or deception while exposing the victim to grave bodily injury, such as death or disfigurement. Like false imprisonment, criminal restraint carries a prison term of up to five years and a fine of up to $15,000.

New Jersey Law and Special Protections for Victims of Domestic Violence

One way that abusers maintain control over their partners is by threatening to kidnap their children. With this in mind, and to protect victims of domestic violence, New Jersey lawmakers passed the New Jersey Domestic Violence Act.

This law protects victims of domestic violence from such behaviors as stalking, sexual assault, and kidnapping. If a person fears that their partner is going to kidnap them or their children, they can seek a restraining order from the court.

Disclaimer: State laws change frequently due to new legislation, higher court rulings, and other means. While FindLaw strives to provide the most current information, consult a New Jersey criminal defense attorney to confirm your state laws.

Discuss Your Kidnapping Case With an Experienced Criminal Defense Lawyer

If you or a loved one is facing kidnapping charges in New Jersey, it’s a good idea to seek legal advice from a local criminal defense attorney sooner rather than later. Things can move quickly after an arrest, and having a skilled attorney by your side can make a huge difference. The penalties for kidnapping are severe, even in parental kidnapping cases. It’s not something you’ll want to handle on your own.

The state has to prove its case beyond a reasonable doubt. An experienced criminal law attorney will help poke holes in the prosecutor’s case and work hard to achieve an acquittal or a favorable plea bargain. Contact a New Jersey criminal defense attorney to schedule your initial consultation.