Kidnapping and its penalty

Defining kidnapping :

A crime according to the law consisting of an unlawful restraint of a person’s liberty by force or show of force so as to send the victim into another country. Under modern law, this crime will usually be found where the victim is taken to another location or concealed.

In some jurisdictions, kidnapping accompanied by bodily injury, sexual assault, or a demand for ransom elevates the crime to first-degree or aggravated kidnapping. Although the terms kidnapping and abduction are, at times, used interchangeably, abduction is broader, generally not requiring the threat or use of force.

Any private individual who shall kidnap or detain another, or in any other manner deprive him of his liberty, shall suffer the penalty for such crime.

If the kidnapping or detention shall have lasted more than five days.

If it shall have been committed simulating public authority.

If any serious physical injuries shall have been inflicted upon the person kidnapped or detained or if threats to kill him shall have been made.

If the person kidnapped or detained shall be a minor, female or a public officer.

According to the law the penalty shall be death where the kidnapping or detention was committed for the purpose of extorting ransom from the victim or any other person, even if none of the circumstances mentioned were present in the commission of the offense. This is the kind of crime where many of the victims sometime build up more things which were not even actual at the scene so identify such things the criminal lawyers in Oakville are best to get help with.

Basic kidnapping : This is the most basic form of kidnapping in which kidnappers some local business man or his family in which there is low risk of getting caught and the chances of getting ransom is quite easy and fast.

High profile kidnapping : In this the target and his net profit is studied well and target is being watched for many days, the intelligence is gathered for many days before the actual task. This is generally done by many of the modus operandi gangs who are well known and dangerous. The ransom is also quite high because of the nature of the target. Getting the ransom is not so quite easy due to which these type of kidnapping has decline in the recent years.

Express kidnapping ; In this type of kidnapping the victim is kidnapped and made to draw his own money from ATM or bank. This life threatening and the danger is quite high for also even the kidnappers due to public places etc.

Also in some of the countries it is noted that kidnapping is derived from the word ‘kid’ which means a child and ‘napping’ means stealing, which literally means that child-stealing. In other words, kidnapping means taking away of a person from the lawful custody by the means of unnecessary force or threat against the will of such person or against the will of the person who is legally authorized to give his consent on behalf of such person

According to the Kidnapping lawyers in Oakville the modern kidnapping laws are drawn so as to proscribe the offense of taking a person with the object of extorting large amounts of ransom money or other concessions for his safe return. This became common in many countries during the 1920’s and 1930’s.

In most countries, the offense of kidnapping includes false imprisonment. False imprisonment aggravated by the carrying of the person to some other place is considered a kidnapping, thus inviting a more severe penalty.