Created by FindLaw's team of legal writers and editors | Last reviewed May 22, 2018
This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.
The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. 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.
In Virginia, "abduction" and "kidnapping" are used interchangeably to refer to one of the most serious crimes in the state. The offense occurs when an individual (by force, intimidation, or deception and without justification) takes, transports, or detains another person with the intent to:
Under the Virginia statute, intimidation includes the following:
Understanding the exact components of any statute is critical: It's a task best left to a trained attorney, but a non-lawyer can obtain important information by referencing a "plain English" guide to the statutes. See the chart below for an overview of Virginia's kidnapping laws.
Statutes |
|
Abduction Charges |
Abduction (generally):
Abduction with the intent to commit extortion or for an immoral purpose: When an individual abducts a person under the following circumstances:
Threatening/attempting/assisting in such abduction: Anyone who threatens, attempts, or assists with an abduction with intent to extort or for an illegal purpose can be charged with this offense. |
Possible Penalties |
Under the felony-murder rule, if a killing occurs during the kidnapping, the defendant can be charged with first degree murder (punishable by a prison term of 20 years to life). Unless stated otherwise, an abduction charge is penalized as a Class 5 felony; class 5 felonies carry a prison term of 1-10 years. With the jury or court's discretion: not more than 12 months in jail and/or a fine up to $2,500. Abduction (generally):
Abduction with the intent to commit extortion or for an immoral purpose (Class 2 felony):
|
Possible Defenses |
|
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.
If you're convicted of violating any of Virginia's kidnapping laws, you could face time behind bars, costly fines, or both. Connect immediately with a local criminal defense attorney who can work toward getting your case resolved in the best way possible.
Was this helpful?
Contact a qualified attorney.
Get tailored advice and ask your legal questions. Many Virginia attorneys offer free consultations.