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- posted: Sep. 06, 2023
- Criminal Defense
Kidnapping is generally defined as the abduction or confinement of another person without their consent. The perpetrator may use physical force, threats or fraud to abduct or confine the victim. Kidnapping is a felony and is often committed in furtherance of other serious crimes such as murder, rape or extortion. It can be charged as both a state and a federal crime, depending on several circumstances.
The most common basis for a federal kidnapping charge is crossing state lines or international borders. If the victim is removed from the state or the United States, the perpetrator may be prosecuted by the federal government. If the kidnapper crosses state lines or international borders in order to commit the crime, it is also a federal offense. By statute, it is not considered federal kidnapping in a cross-borders (state or international) case if the victim is released unharmed in less than 24 hours.
Some of the other grounds for federal kidnapping charges include:
- The perpetrator utilized an instrument of international or interstate commerce in connection with the crime (i.e., telephones, highways, etc.)
- The abduction/confinement involved a federal employee or representative of the United States
- The abduction/confinement involved a foreign diplomat or other individual under federal protection
- The crime occurred in a special U.S. jurisdiction involving marine vessels or aircraft
Most kidnapping cases, however, are brought under state law. As in other states, Colorado recognizes different degrees of kidnapping. Depending upon aggravating factors in the commission of the crime (i.e., harming the victim, use of a weapon, etc.), both first-degree and second-degree kidnapping can carry a life sentence. The minimum incarceration period for kidnapping in the state is two years. Offenders can also be fined heavily in kidnapping convictions.
The usual motives for kidnapping are jealousy, revenge and money. In many instances, the kidnapper and the victim know one another. A common scenario is when a parent whose custodial/parental rights have been revoked, suspended or limited by court order abducts their child (known as “parental kidnapping”). Other kidnappings involve a current or former romantic partner abducting or confining the other partner out of jealousy or the need for revenge. In other cases, the perpetrator is motivated by monetary gain and kidnaps someone, demanding payment from their family, friends or employer.
State and federal kidnapping charges are independent from one another. Being charged or convicted under state law does not bar federal kidnapping charges, and vice versa. Also, being found not guilty at trial in state court does not bar prosecution in federal court.
Located in Boulder, the Polansky Law Firm is one of Colorado’s premier criminal defense firms. If you or a member have been charged with a serious state or federal crime, feel free to contact us online or call 303-415-2583 for an initial consultation.
