Other crimes - Kidnapping

Learning Outcomes

After reading this article, you will be able to identify the elements of kidnapping, distinguish it from related crimes, and apply the correct legal standards for asportation, consent, and aggravated kidnapping. You will also understand how kidnapping is charged and what common MBE pitfalls to avoid.

MBE Syllabus

For MBE, you are required to understand the legal definition and requirements for kidnapping, including its relationship to other crimes against the person. In your revision, focus on:

• The elements of kidnapping at common law and under modern statutes.
• The meaning of asportation and confinement.
• The role of consent and victim incapacity.
• Aggravated kidnapping (e.g., for ransom, to commit another crime, or involving children).
• How kidnapping interacts with other offenses (e.g., robbery, assault, false imprisonment).
• Defenses and common exam traps.

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

1. Which of the following is NOT an element of common law kidnapping?
   1. Unlawful confinement
   2. Movement of the victim
   3. Intent to kill
   4. Lack of consent
2. Under modern law, which of the following best describes "asportation" in the context of kidnapping?
   1. Any movement, no matter how slight
   2. Movement that increases the risk to the victim or aids the commission of another crime
   3. Only movement across state lines
   4. Only movement for ransom
3. A parent takes their own child, in violation of a court custody order, and hides the child in another state. Which crime is most likely to be charged?
   1. False imprisonment
   2. Kidnapping
   3. Assault
   4. Burglary
4. Which is a common defense to a charge of kidnapping?
   1. The victim was a minor
   2. The victim consented and had capacity to do so
   3. The movement was for a lawful purpose
   4. The victim was not physically harmed

Introduction

Kidnapping is a crime against the person that involves unlawful restraint and movement or concealment of a victim. It is tested on the MBE both as a standalone offense and in combination with other crimes. You must know the elements, how kidnapping differs from false imprisonment, and how modern statutes have expanded the offense.

Key Term: Kidnapping
The unlawful confinement of a person, coupled with movement (asportation) or concealment, without consent or legal authority.

Elements of Kidnapping

At common law, kidnapping required:

1. Unlawful confinement of a person,
2. Movement (asportation) of the victim to another location,
3. Without the victim's consent,
4. Without lawful authority.

Modern statutes often broaden the offense to include substantial confinement or concealment, and may not require movement across state or national borders.

Key Term: Asportation
The carrying away or movement of a victim, which must be more than trivial and usually increases the risk to the victim or aids another crime.

Key Term: Aggravated Kidnapping
A form of kidnapping involving additional factors such as ransom, intent to commit another crime, bodily harm, or child victims.

Asportation and Confinement

Movement must be more than minimal. Courts look at whether the movement increases danger to the victim, is not incidental to another crime (like robbery), or helps the perpetrator avoid detection. Some statutes allow kidnapping to be charged even if the victim is simply concealed or held in a secret place.

Consent and Capacity

If the victim consents to the movement or confinement, and has the legal capacity to do so, there is no kidnapping. Consent obtained by force, threat, fraud, or given by someone without capacity (such as a young child or incapacitated adult) is not valid.

Aggravated Kidnapping

Many jurisdictions have statutes for aggravated kidnapping, which may involve:

• Demanding ransom or reward,
• Intent to commit another felony (e.g., robbery, sexual assault),
• Causing serious bodily harm,
• Kidnapping a child or vulnerable person.

Penalties for aggravated kidnapping are more severe.

Kidnapping vs. False Imprisonment

False imprisonment is unlawful restraint or confinement without movement. Kidnapping requires movement or concealment beyond mere restraint.

Key Term: False Imprisonment
The unlawful restraint of a person without asportation or significant movement.

Kidnapping and Other Crimes

Kidnapping may merge with or be charged in addition to other crimes, such as robbery or assault, if the movement or restraint is not merely incidental to the other offense.

Worked Example 1.1

A defendant grabs a victim from a public park, forces her into a car, and drives her three blocks to an abandoned building, where he locks her in a room for several hours. The victim escapes and calls police. What crime(s) has the defendant committed?

Answer: The defendant has committed kidnapping, because he unlawfully confined the victim and moved her a substantial distance, increasing her risk and aiding concealment. He may also be charged with false imprisonment, but that offense merges into kidnapping.

Worked Example 1.2

During a bank robbery, the robber orders customers to move from the lobby to a back office to prevent them from being seen. The movement is brief and within the same building. Is this kidnapping?

Answer: Likely not. If the movement is only incidental to the robbery and does not increase the risk to the victims or serve an independent criminal purpose, most courts will not allow a separate kidnapping charge.

Exam Warning

On the MBE, do not assume every movement or restraint during another crime is kidnapping. Look for movement that is not merely incidental to the main offense and that increases the victim's risk or aids the perpetrator.

Revision Tip

Always check for consent and capacity. If the victim consented and had legal capacity, kidnapping cannot be proven.

Key Point Checklist

This article has covered the following key knowledge points:

• Kidnapping requires unlawful confinement plus movement or concealment.
• Asportation must be more than trivial and not merely incidental to another crime.
• Consent is a defense only if freely given by a person with capacity.
• Aggravated kidnapping involves ransom, intent to commit another crime, bodily harm, or child victims.
• False imprisonment is restraint without movement; kidnapping requires movement or concealment.
• Kidnapping may merge with other crimes if the movement is incidental.
• Defenses include valid consent and lack of asportation.

Key Terms and Concepts

• Kidnapping
• Asportation
• Aggravated Kidnapping
• False Imprisonment