Legal Definitions - kidnap

Kidnapping refers to the unlawful act of seizing and taking a person away against their will, either through the use of physical force, threats, or deception. While it often involves a demand for ransom or other concessions, the core offense is the non-consensual removal and detention of an individual.

Here are some examples to illustrate the concept of kidnapping:

• Example 1: Ransom Demand

  A group of masked individuals ambushes a wealthy entrepreneur outside their home, forces them into a waiting vehicle, and drives them to an undisclosed location. Later, the entrepreneur's family receives a phone call demanding a significant sum of money for their safe release.

  This scenario clearly illustrates kidnapping because the entrepreneur was seized and taken away by force, against their will, with the explicit purpose of demanding a ransom for their return.

• Example 2: Parental Abduction in a Custody Dispute

  Following a bitter divorce, a non-custodial parent, during a scheduled visitation, takes their child and flees to another country without the consent of the custodial parent or the court. The non-custodial parent intends to keep the child permanently and prevent the other parent from having contact.

  This is a form of kidnapping (often termed parental kidnapping or child abduction) because the child was unlawfully taken away from their legal guardian against the guardian's will and in violation of court orders, even if no physical force was used directly against the child.

• Example 3: Coercion and Control Without Ransom

  An individual is lured into a car by someone they know under false pretenses, believing they are going to a social event. Instead, they are driven to an isolated cabin, where they are held captive for several days to prevent them from testifying as a witness in an upcoming criminal trial.

  This demonstrates kidnapping because the individual was taken away through deception (fraud) and then held against their will (force/detention), even though no ransom was demanded. The intent was to control their actions and prevent them from fulfilling a legal obligation.