Kidnapping is defined as the unlawful and forcible confinement of another person against his or her will.

Massachusetts General Laws Chapter 265, Section 26 punishes the crime of Kidnapping with commitment to state prison for any term of years up to 10 years in state prison.  If the crime of Kidnapping is committed while armed with a firearm, shotgun, etc., with the intent to extort money, the punishment provided for imprisonment for any term of years up to life.  A person charged with the crime of Kidnapping also faces enhanced penalties if:

• The person kidnapped is under 18, then imprisonment for not less than 20 years, up to life;
• Serious bodily injury inflicted or a sexual assault is committed during the course of the Kidnapping, then imprisonment for not less than 25 years, up to life;
• The Kidnapping of a child under 16 and removing him/her from the Commonwealth, then imprisonment up to 15 years.

In order to prove the crime of Kidnapping, the prosecutor must prove, beyond a reasonable dobut:

1. That the defendant was without lawful authority;
2. The the defendant forcibly or secretly confined or imprisoned another person against his/her will; and
3. That the defendant committed the offense against the other person's will [and if applicable];
4. That the defendant committed the offense of kidnapping with the specific intent to extort money or some other valuable item.
   

Under Massachusetts law, the word "forcibly" means to compel, constrain or carry out through the use of force.  The force used can be actual or 'constructive', meaning that there does not need to be actual physical force applied against the alleged victim.

An act is "against the person's will" means that the alleged victim did not consent to be seized, confined, imprisoned, carried away or otherwise kidnapped by the defendant.  If a person simply submits out of fear, that is not consent.

If you have been charged with the crime of Kidnapping or any other Crime of Violence, Boston Criminal Lawyer Lefteris K. Travayiakis available 24/7 to discuss your case and evaluate your legal rights and any defenses you may have.

To schedule a Free Consultation, Contact Us Online or call 617-325-9500.