Kidnapping

The New Jersey Kidnapping Law

The criminal offense known as kidnapping is set forth at N.J.S.A. 2C:13-1. The statute is rather long so we have attempted to highlight the most important passages for those interested in reviewing the actual language of this law. The statute states, in pertinent part, that:

a. Holding for ransom, reward, or as a hostage. A person is guilty of kidnapping if he unlawfully removes another from the place where he is found or if he unlawfully confines another with the purpose of holding that person for ransom or reward or as a shield or hostage.

b. Holding for other purposes. A person is guilty of kidnapping if he unlawfully removes another from his place of residence or business, or a substantial distance from the vicinity where he is found, or if he unlawfully confines another for a substantial period, with any of the following purposes:

(1) To facilitate commission of any crime or flight thereafter;

(2) To inflict bodily injury on or to terrorize the victim or another;

(3) To interfere with the performance of any governmental or political function; or

(4) To permanently deprive a parent, guardian, or other lawful custodian of custody of the victim.

Elements of Offense

There are certain elements of proof that must be established by the state in order to secure a conviction for kidnapping. The elements are set forth more particularly in the New Jersey model jury and vary depending on which subsection of the kidnapping statute, 2C:13-1, is being pursued by the prosecution.

I. Kidnapping Based On Holding a Victim for a Ransom, Reward, or as a Hostage (2C:13-1a) The state must establish that:

1. That the defendant unlawfully removed or confined the victim; and

2. The defendant’s purpose for removal or confinement was to either: (a) secure a ransom; (b) obtain a reward; or (c) create a shield or hostage.

II. Kidnapping a Victim for Another Purpose (2C:13-1b(1) to (3).  The state must establish that:

1. The defendant unlawfully removed the victim from his or her residence, place of business, a substantial distance from where the victim was found or confined the victim for a substantial period; AND

2. The conduct of the defendant was to facilitate the commission of a crime or flight therefrom, inflict bodily injury on or terrorize the victim or another, or interfere with the performance of any governmental or political function.

III. Kidnapping to Permanently Deprive Someone of Custody (2C:13-1c). The state must establish that:

1.  The defendant unlawfully removed the victim from his or her residence, place of business, a substantial distance from where the victim was found or confined the victim for a substantial period; AND

2. The defendant’s purpose for removal or confinement was to permanently deprive a parent, guardian, or another lawful custodian of custody of the victim.

You will note that the term “unlawful” is used in conjunction with the elements of proof. When the victim of kidnapping is over the age of 14, the term “unlawful” means to accomplish the removal or confinement by force, threat, or deception. If the victim is under the age of 14 or is incompetent, “unlawful” means to accomplish the removal or confinement without the consent of the parent, guardian, or another person responsible for the general supervision of his/her welfare.

Grading of Kidnapping Charges

As a general rule, kidnapping is a first-degree crime. The offense is reduced to a second-degree crime, however, where the victim of the kidnapping is returned unharmed.

Defenses

When the basis for a New Jersey kidnapping charge is 2C:13-1b(4), attempting to deprive a parent, guardian, or other lawful custodian of custody of the victim, the following two affirmative defenses may be raised.

1. Necessary to Protect the Victim.  Kidnapping is forgiven if one of three circumstances apply: (i) the accused reasonably believed that taking the victim was necessary to protect the victim from an imminent danger to his/her welfare; (ii)  the accused reasonably believed the conduct was consented to by a parent, or by an authorized State agency; or (iii) the victim was at least 14 years old and voluntarily consented to a parent lacking intent to commit a criminal offense with or against the victim.
2. Parental Flight from Danger. Another defense is triggered where a parent reasonably believes he or she was fleeing from imminent physical danger from the other parent.

Penalties If Convicted

The penalties that may be imposed at the time of sentencing for kidnapping include:

First Degree Kidnapping. Typically, a first degree crime carries 10-20 years in prison, however, the term of imprisonment is enhanced for kidnapping. A defendant is exposed to a prison term of 15-30 years at the time of sentencing for first degree kidnapping. The sentence can escalate further to 25 years to life in prison if the victim is under the age of 16 and one of three circumstances apply: (1) aggravated sexual assault, sexual assault, or criminal sexual contact was committed against the victim; (2) endangering the welfare of a child was committed against the victim; or (iii) the defendant sold or delivered the victim to another person for pecuniary gain. The maximum fine is $200,000 for this first degree crime under all of the previously described scenarios.

Second Degree Kidnapping. The penalties for this grade of kidnapping include 5-10 years in prison and a fine of up to $150,000.

The No Early Release Act (“NERA”) applies to all convictions for kidnapping. This provision renders an individual ineligible for parole unless and until they serve at least 85% of the term of imprisonment that was imposed (e.g. 8.5 years on a 10 year sentence).

 

Contact Our Highly Skilled New Jersey Kidnapping Defense Attorneys

Kidnapping is obviously one of the most serious criminal offense an individual can face in New Jersey.  There isn’t any room for mistakes, certainly when it comes to the biggest decision in your case, selection of the right attorney to defend you. Here at The Law Offices of Jonathan F. Marshall, our team has credentials that are unquestionably formidable.  It is therefore certainly in your interest to contact our firm as soon as possible. One of our lawyers is always available 24/7 to discuss the facts of your case, your best options for defending the charge, and what you can expect if you decide to move forward with our firm. Call 855-450-8310 now for the sound legal guidance you need.