Personal Restraint Crimes

Kidnapping Another crime of ancient origins Arose from crimes against royalty Emerged during Prohibition in the US as the Mafia employed it for $$ and murder Seized the public’s imagination in dramatic fashion with the Lindbergh case in 1932 Elevated from a misdemeanor to a felony thereafter in an emotional reaction The Patty Hearst case shook the 70’s

Common Law Kidnapping Elements 1. Seizing 2. carrying away 3. confining 4. by force, threat of force, fraud, or deception, 5. another person, 6. with the intent to deprive the other person of their liberty

Actus Reus Asportation – physically moving the victim of kidnapping At first, international boundaries need be crossed Today, just 22 feet (People v Chessman) is enough

Mens Rea Specific intent to confine, restrain, or hold victims in secret To “isolate the victim from the prospect of release or friendly intervention”

Factors in Aggravation Punishments are enhanced if we find 1) Sexual invasions 2) hostages 3) ransom 4) robbery 5) murder 6) blackmail 7) terror/torture 8) political goals. And, if we do, death or life in prison follows.

False Imprisonment Kidnapping “lite”, without asportation Another specific intent crime Held for a relatively short period of time Not as stressful In most states any interference is enough But that’s not enough for the MPC A threat, or show of authority, can be enough