LYCOS RETRIEVER
Kidnapping: Victims
built 645 days ago
Kidnapping: how can EAPs intervene? By understanding the cultures of societies and workplaces and the differing perspectives of criminals and their victims, EA professionals can minimize the impact of kidnappings on workers, their families, and their employers.(Employee Assistance Program)(Employee Assistance)
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Most kidnapping statutes recognize different types and levels of kidnapping and assign punishment accordingly. New York, for example, bases its definition of first-degree kidnapping on the purpose and length of the abduction. First-degree kidnapping occurs when a person abducts another person to obtain ransom (N.Y. Penal Code § 135.25 [McKinney 1996]). First-degree kidnapping ... occurs when the abduction lasts for more than twelve hours and the abductor intends to injure the victim, accomplish or advance the commission of a felony, terrorize the victim or a third person, or interfere with a governmental or political function. An abduction that results in death is also first-degree kidnapping.
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(C) Whoever violates this section is guilty of kidnapping. Except as otherwise provided in this division, kidnapping is a felony of the first degree. Except as otherwise provided in this division, if the offender releases the victim in a safe place unharmed, kidnapping is a felony of the second degree. If the victim of the offense is less than thirteen years of age and if the offender ... is convicted of or pleads guilty to a sexual motivation specification that was included in the indictment, count in the indictment, or information charging the offense, kidnapping is a felony of the first degree, and, notwithstanding the definite sentence provided for a felony of the first degree in section 2929.14 of the Revised Code, the offender shall be sentenced pursuant to section 2971.03 of the Revised Code as follows:
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Legislatures have passed statutes and courts have fashioned rules to prevent and detect double jeopardy in kidnapping cases. Generally, these laws and rules hold that for kidnapping to be charged as a separate crime, some factor must set the asportation apart from a companion crime. Most courts will sustain multiple convictions if the asportation exposes the victim to increased risk of harm, or results in harm to the victim separate from that caused by the companion offense. In other jurisdictions, the test is whether the asportation involves a change of environment or is designed to conceal a companion offense.
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