Legal Definitions - simple kidnapping

Simple kidnapping refers to the unlawful act of taking, confining, or moving another person against their will, without the presence of additional severe circumstances that would elevate the crime to aggravated kidnapping. It typically involves the basic elements of restraint or movement without consent, but without intent to harm, ransom, or commit another serious felony like sexual assault.

Here are some examples to illustrate simple kidnapping:

• Example 1: During a heated argument at a social gathering, one individual, out of anger, physically blocks another guest from leaving the host's house for several hours, preventing them from going home. The individual does not threaten physical harm or demand anything, simply refusing to let the guest exit the premises.

  How it illustrates the term: This scenario demonstrates simple kidnapping because one person is unlawfully confined and prevented from moving freely against their will. There are no aggravating factors such as a demand for ransom, intent to cause serious injury, or the commission of another felony, which would typically elevate the charge to aggravated kidnapping.

• Example 2: A disgruntled former employee, seeking to delay a company's product launch, sneaks into the office and locks the lead engineer in their private office for an entire afternoon. The employee does not communicate with the engineer, make any demands, or intend to cause physical harm, only to prevent them from working on the project.

  How it illustrates the term: This is an instance of simple kidnapping because the engineer is unlawfully confined against their will. The act is intended to restrict movement and freedom, but it lacks the more severe elements (like ransom, serious injury, or sexual assault) that would transform it into an aggravated form of the crime.

• Example 3: A parent, involved in a custody dispute, picks up their child from school and drives them to a relative's house in another town, keeping the child there for a day without the other parent's knowledge or consent, even though the custody order specifies shared decision-making for travel. The child is not harmed and is eventually returned.

  How it illustrates the term: This situation could be considered simple kidnapping because the child is taken and moved against the legal guardian's will (as defined by the custody order) and without proper consent. While there's no intent to harm the child or demand ransom, the unlawful taking and detention, even for a short period, without the necessary legal authority, fits the basic definition of depriving someone of their liberty.