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Kidnapping: Person
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The penalty for kidnapping is generally severe in the U.S., and most states ... make it a crime to attempt or conspire to commit a kidnapping. A federal law, popularly known as the Lindbergh Act, which was enacted in 1932 after the kidnapping of the child of the American aviator Charles Lindbergh, makes it a federal crime, punishable by life imprisonment, to kidnap a person and transport that person to another state. This law was amended in 1934 making conspiracy to commit a kidnapping also a federal crime. In 1968 the U.S. Supreme Court invalidated that section of the Lindbergh Act that gave the jury the power to recommend the death penalty for kidnapping.
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Under federal and state law, kidnapping is commonly defined as the taking of a person from one place to another against his or her will, or the confining of a person to a controlled space. Some kidnapping laws require that the taking or confining be for an unlawful purpose, such as extortion or the facilitation of a crime. A parent without legal custody rights may be charged with kidnapping for taking his or her own child, in certain circumstances.
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The essential difference between kidnapping and false imprisonment is that kidnapping involves the additional element of asportation. Asportation means that you have moved the person from one place to another. You need to be aware that this movement only needs to be slight movement. However, practically speaking, a prosecutor might have a difficult time getting a conviction for kidnapping if the person was just moved from one room to another.
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Generally, kidnapping occurs when a person, without lawful authority, physically asports (moves) another person without that other person's consent, with the intent to use the abduction in connection with some other nefarious objective. Under the Model Penal Code (a set of exemplary criminal rules fashioned by the American Law Institute), kidnapping occurs when any person is unlawfully and nonconsensually asported and held for certain purposes. These purposes include gaining a ransom or reward; facilitating the commission of a felony or a flight after the commission of a felony; terrorizing or inflicting bodily injury on the victim or a third person; and interfering with a governmental or political function (Model Penal Code § 212.1).
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A person legally entrusted with the custody of another may not, of course, be guilty of kidnapping that person. A parent... may be guilty of kidnapping his or her own child if custody of the child has been given to another by court order or decree. When the parents have separated without legal decree, one may take the child from the other even by trick or deception, without committing the offense of kidnapping.
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In criminal law, kidnapping is the taking away of a person against the person's will, usually to hold the person for ransom or in furtherance of another crime. In the terminology of the common law in many jurisdictions, the crime of kidnapping is labelled abduction when the victim is a woman.
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