In early legal systems, kidnapping was closely related to abduction but was understood as a more severe and specific offense. Kidnapping involved the unlawful taking and carrying away of a person, often with the intent to transport them to another location or even another country. This crime was particularly heinous because it not only violated the victim’s personal liberty but also often placed them in situations of extreme danger or exploitation, such as slavery or forced labor.
The connection between kidnapping and abduction lies in the act of taking someone against their will, but kidnapping typically included an additional element of moving the victim from one place to another, often for the purpose of ransom, enslavement, or other illicit gains. In many early legal codes, kidnapping was seen as a crime that undermined the social order by threatening the security of individuals and families.
Blackstone’s Commentary
William Blackstone addressed kidnapping in his Commentaries on the Laws of England, where he provided a detailed explanation of the offense. Blackstone described kidnapping as the “forcibly carrying away of any man, woman, or child from their own country into another.” He emphasized that kidnapping was not just an offense against the individual but also a crime that disrupted the community and the state, as it could lead to social instability and insecurity.
Blackstone’s views on kidnapping were influential in shaping the legal understanding of the crime in both England and America. His work helped establish kidnapping as a distinct and serious offense, separate from general abduction. The emphasis on the forcible removal of a person from their home or country laid the groundwork for the development of more specific statutory laws on kidnapping in later legal systems.
Modern Statutory Offenses
Kidnapping in the Model Penal Code
Under the Model Penal Code (MPC), kidnapping is defined as unlawfully removing another person from their place of residence or business, or a substantial distance from the vicinity where they were found, or unlawfully confining another person for a substantial period in a place of isolation, with the intent to hold them for ransom, as a shield or hostage, to facilitate the commission of a felony, to inflict bodily injury, or to terrorize the victim or another person.
The key elements of kidnapping under the MPC include the unlawful removal or confinement of the victim and the intent to achieve one of the specific criminal objectives listed. The MPC provides a more detailed and structured definition of kidnapping compared to earlier legal frameworks, emphasizing both the physical act of taking or confining the victim and the perpetrator’s intent. Modern case law under the MPC often focuses on whether the removal or confinement was substantial enough to constitute kidnapping and whether the perpetrator’s intent meets the legal standards.
Aggravated Kidnapping
Aggravated kidnapping is a more severe form of the offense, typically involving additional factors that increase the crime’s seriousness. Under the MPC, aggravated kidnapping occurs when the perpetrator commits the crime with the intent to obtain ransom, inflict bodily harm, or commit a sexual offense, or when the victim is a child under a certain age.
Examples of aggravated kidnapping include cases where the victim is taken at gunpoint, held for a significant ransom, or subjected to physical or sexual violence during the abduction. Aggravated kidnapping carries harsher penalties due to the heightened danger and harm to the victim, reflecting the law’s intent to punish more severely those who commit particularly egregious forms of kidnapping.
Federal Kidnapping Statutes
The development of federal kidnapping statutes in the United States was largely a response to the high-profile abduction of Charles Lindbergh Jr. in 1932. This case, which captivated the nation, highlighted the limitations of state law enforcement in handling kidnapping cases that crossed state lines. In response, Congress passed the Federal Kidnapping Act of 1932, commonly known as the Lindbergh Law. This law made kidnapping a federal crime, allowing federal authorities to intervene in cases where the victim was taken across state boundaries.
The Federal Kidnapping Act marked a significant expansion of federal jurisdiction in criminal matters, as it empowered federal law enforcement agencies, like the F.B.I., to take the lead in investigating and prosecuting kidnapping cases. The law was designed to deter would-be kidnappers by ensuring that they could not evade justice simply by crossing state lines.
The key elements of federal kidnapping statutes include the unlawful seizure, confinement, or transportation of a person against their will. Under federal law, for a kidnapping offense to be established, it must be shown that the perpetrator held the victim for ransom, reward, or for any other purpose, such as inflicting bodily harm or terrorizing the victim. Additionally, the offense must involve crossing state lines or occur within the special maritime and territorial jurisdiction of the United States.
Federal kidnapping statutes also recognize aggravated kidnapping, which involves additional factors such as the use of a dangerous weapon, infliction of serious bodily harm, or the abduction of a child. Penalties for federal kidnapping are severe, often including life imprisonment, reflecting the seriousness of the crime and the federal government’s commitment to protecting individuals from such egregious offenses.
Conclusion
This chapter has explored the historical and modern perspectives on abduction, false imprisonment, false arrest, and kidnapping. From the early legal systems that shaped the initial concepts of these offenses to the influential writings of William Blackstone and the detailed definitions provided by the Model Penal Code, these crimes have evolved significantly over time. The ongoing relevance of Blackstone’s work is evident in how modern legal systems continue to grapple with these offenses, ensuring that the protection of personal liberty remains a cornerstone of justice.
Modification History File Created: 07/17/2018 Last Modified: 08/24/2023
This work is licensed under an Open Educational Resource-Quality Master Source (OER-QMS) License.
