Kidnapping Attorneys in Greenville, South Carolina
Kidnapping is defined as taking a person against their will to an undisclosed location and holding them there, also against their will, for an indeterminate period of time. It can be for ransom or for other reasons. Where one parent removes a child from their state of residence or across borders without the express or written permission or consent of the other parent (or a court order), this constitutes parental kidnapping.
Kidnapping in South Carolina
What Constitutes Kidnapping?
This is a crime that is defined as taking a person against their will to an undisclosed location and holding them there, also against their will, for an indeterminate period of time. It can be for ransom or for other reasons. Where one parent removes a child from their state of residence or across borders without the express or written permission or consent of the other parent (or a court order), this constitutes parental kidnapping.
Kidnapping is chargeable as a felony in the state of South Carolina. Conspiracy to commit or take part in such a crime can also be charged as a felony under the law. Parental kidnapping may also be charged as a felony crime depending on the circumstances surrounding the case.
In general, a maximum sentence of 30 years can be handed down for being convicted of kidnapping. Should the kidnapping result in any further criminal activity such as assault, sexual assault, torture, murder, etc. additional charges may be brought against the offender.
Conspiracy to commit kidnapping carries less severe penalties even though it can be charged as a felony. Sentencing is largely dependent upon the circumstances surrounding the conspiracy charges.
Parents can receive a maximum sentence of 10 years in prison. Fines may also be instituted against the offender.
Kidnapping in Virginia
Legally, kidnapping or abduction is the criminal act of seizing, taking, transporting and/or detaining a person unlawfully and against their will by means of physical force, intimidation or deception. The crime should also be with the intent to deprive said person of his or her freedom or liberty, hide or conceal the person or to enslave or subject the person to forced labor or other activities against their will.
Generally, abduction or kidnapping is a Class 5 felony in the state of Virginia. Parental kidnapping is considered to be contempt of court or a Class 1 misdemeanor but may be escalated to a Class 6 felony. Family members who fail to report a confirmed kidnapping may be charged with a Class 2 misdemeanor. Kidnapping a minor under the age of 16 years with the intent of prostitution or as a concubine is a Class 2 felony. Threatening abduction or conspiring to abduct a person is considered a Class 5 felony.
Class 2 felony kidnapping receives a maximum sentence of life imprisonment (but no less than 20 years) and/or fines up to $100,00. Class 3 felony abduction receives a maximum of 20 years in prison and/or $100,00 in fines. A Class 5 felony kidnapping has a maximum sentence of 10 years (but no less than 1 year) imprisonment (or 12 months in jail) and/or a fine not exceeding $2,500. Class 1 and 2 misdemeanor kidnapping can be fined up to $2,500 and $1,00 respectively and maximum jail time of 6 and 12 months respectively.