1. Personal Restraint Crimes

2. 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

3. 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

4. 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

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

6. 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.

7. 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