Kidnapping

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El Malón, by Johann Moritz Rugendas (1802–1858), historic painting

depicting kidnapping of a woman

In criminal law, kidnapping is the unlawful carrying away

(asportation) and confinement of a person against their will.
Thus, it is a composite crime. It can also be defined as false
imprisonment by means of abduction, both of which are
separate crimes that when committed simultaneously upon
the same person merge as the single crime of kidnapping.
The asportation/abduction element is typically but not
necessarily conducted by means of force or fear. That is,
the perpetrator may use a weapon to force the victim into a
vehicle, but it is still kidnapping if the victim is enticed to
enter the vehicle willingly, e.g., in the belief it is a taxicab.

Kidnapping may be done to demand for ransom in

exchange for releasing the victim, or for other illegal
purposes. Kidnapping can be accompanied by bodily injury
which elevates the crime to aggravated kidnapping.[1]

Kidnapping of a child is also known as child abduction, and

these are sometimes separate legal categories.

History
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Motivations

The abduction of Dinah, (watercolor circa 1896–1902 by James Tissot)

Kidnapping of children is usually by one parent against the

wishes of a parent or guardian. Kidnapping of adults is
often for ransom or to force someone to withdraw money
from an ATM, but may also be for the purpose of sexual
assault.

In the past, and presently in some parts of the world (such

as southern Sudan), kidnapping is a common means used
to obtain slaves and money through ransom. In less recent
times, kidnapping in the form of shanghaiing (or
"pressganging") men was used to supply merchant ships in
the 19th century with sailors, whom the law considered
unfree labour.

Criminal gangs are estimated to make up to $500 million a

year in ransom payments from kidnapping.[2]

Kidnapping has been identified as one source by which

terrorist organizations have been known to obtain
funding.[3] The Perri, Lichtenwald and MacKenzie article
identified "tiger" kidnapping as a specific method used by
either the Real Irish Republican Army or Continuity Irish
Republican Army, in which a kidnapped family member is
used to force someone to steal from their employer.

Bride kidnapping is a term often applied loosely, to

include any bride "abducted" against the will of her
parents, even if she is willing to marry the "abductor". It
still is traditional amongst certain nomadic peoples of
Central Asia. It has seen a resurgence in Kyrgyzstan since
the fall of the Soviet Union and the subsequent erosion of
women's rights.[4]
Express kidnapping is a method of abduction used in
some countries, mainly from Latin America,[5] where a
small ransom, that a company or family can easily pay, is
 demanded.
Tiger kidnapping is taking a hostage to make a loved one
or associate of the victim do something: e.g. a child is
taken hostage to force the shopkeeper to open the safe.
The term originates from the usually long preceding
observation, like a tiger does on the prowl.

By jurisdiction
Canada

Kidnapping that does not result in a homicide is a hybrid

offence that comes with a maximum possible penalty of life
imprisonment (18 months if tried summarily). A murder that
results from kidnapping is classified as 1st-degree, with a
sentence of life imprisonment that results from conviction
(the mandatory penalty for murder under Canadian law).

Netherlands

Article 282 prohibits hostaging (and 'kidnapping' is a kind of

'hostaging').[6] Part 1 of Article 282 allows sentencing
kidnappers to maximum imprisonment of 8 years or a fine
of the fifth category.[7] Part 2 allows maximum
imprisonment of 9 years or a fine of the fifth category[7] if
there are serious injuries. Part 3 allows maximum
imprisonment of 12 years or a fine of the fifth category[7] if
the victim has been killed. Part 4 allows sentencing people
that collaborate with kidnapping (such as proposing or
make available a location where the victim hostaged). Part
1, 2 and 3 will apply also to them.

United Kingdom

Kidnapping is an offence under the common law of England

and Wales. Lord Brandon said in 1984 R v D:[8]

First, the nature of the o�ence is an attack on, and

infringement of, the personal liberty of an individual.
Secondly, the o�ence contains four ingredients as
follows: (1) the taking or carrying away of one
person by another; (2) by force or fraud; (3)
without the consent of the person so taken or carried
away; and (4) without lawful excuse.[9][10][11]

In all cases of kidnapping of children, where it is alleged

that a child has been kidnapped, it is the absence of the
consent of that child which is material. This is the case
regardless of the age of the child. A very small child will not
have the understanding or intelligence to consent. This
means that absence of consent will be a necessary
inference from the age of the child. It is a question of fact
for the jury whether an older child has sufficient
understanding and intelligence to consent.[12] Lord Brandon
said: "I should not expect a jury to find at all frequently that
a child under fourteen had sufficient understanding and
intelligence to give its consent."[13] If the child (being
capable of doing so) did consent to being taken or carried
away, the fact that the person having custody or care and
control of that child did not consent to that child being
taken or carried away is immaterial. If, on the other hand,
the child did not consent, the consent of the person having
custody or care and control of the child may support a
defence of lawful excuse.[12] It is known as Gillick
competence.[14]

Regarding Restriction on prosecution, no prosecution may

be instituted, except by or with the consent of the Director
of Public Prosecutions, for an offence of kidnapping if it
was committed against a child under the age of sixteen and
by a person connected with the child, within the meaning of
section 1 of the Child Abduction Act 1984.[15] Kidnapping is
an indictable-only offence.[16] Kidnapping is punishable with
imprisonment or fine at the discretion of the court. There is
no limit on the fine or the term of imprisonment that may be
imposed provided the sentence is not inordinate.[17][18][19]

A parent should only be prosecuted for kidnapping their

own child "in exceptional cases, where the conduct of the
parent concerned is so bad that an ordinary right-thinking
person would immediately and without hesitation regard it
as criminal in nature".[12][20]
United States

Law in the United States follows from English common law.

Following the highly publicized 1932 Lindbergh kidnapping,
Congress passed the Federal Kidnapping Act, which
authorized the FBI to investigate kidnapping at a time when
the Bureau was expanding in size and authority. The fact
that a kidnapped victim may have been taken across state
lines brings the crime within the ambit of federal criminal
law.

Most states recognize different types of kidnapping and

punish accordingly. E.g. New York bases its definition of
first-degree kidnapping on the duration and purpose.[21]
There are several deterrents to kidnapping in the United
States of America. Among these are:

1. The extreme logistical challenges involved in

successfully exchanging the money for the return of the
victim without being apprehended or surveiled.
2. Harsh punishment. Convicted kidnappers face lengthy
prison terms. If a victim is brought across state lines,
federal charges can be laid as well.
3. Good cooperation and information sharing between law
enforcement agencies, and tools for spreading information
to the public (such as the AMBER Alert system).

One notorious failed example of kidnap for ransom was the

1976 Chowchilla bus kidnapping, in which 26 children were
abducted with the intention of bringing in a $5-million
ransom. The children and driver escaped from an
underground van without the aid of law enforcement.[22]
According to the Department of Justice, kidnapping makes
up 2% of all reported violent crimes against juveniles.[23]

From the 1990s on, a gang operating in New York City and
New Jersey was involved in the kidnapping and torture of
Jewish husbands for the purpose of forcing them to grant
religious divorces to their wives. They were finally
apprehended on October 9, 2013, in connection with the
2013 New York divorce torture plot.[24][25][26]

According to a 2003 Domestic Violence Report in Colorado,

out of a survey of 189 incidents, most people (usually white
females) are taken from their homes or residence by a
present or former spouse or significant other. They are
usually taken by force, not by weapon, and usually the
victims are not injured when they are freed.

In 2009, Phoenix, Arizona reported over 300 cases of

kidnapping, although subsequent investigation found that
the Phoenix police falsified data "Phoenix Kidnappings:
Uncovering the Truth" . Archived from the original on
2013-04-13.. If true, this would have been the highest rate of
any US city and second in the world only to Mexico City.[23]
A rise in kidnappings in the southwestern United States in
general has been attributed to misclassification by local
police, lack of a unified standard, desire for Federal grants,
or the Mexican Drug War.[27]

In 2010 the United States was ranked sixth in the world (by
absolute numbers, not per capita) for kidnapping for
ransom, according to the available statistics (after
Colombia, Italy, Lebanon, Peru, and the Philippines).[28]

In 2009, the Los Angeles Times named Phoenix, Arizona,[29]

as America's kidnapping capital, reporting that every year
hundreds of ransom kidnappings occur there, virtually all
within the underworld associated with human and drug
smuggling from Mexico, and often done as a way of
collecting unpaid debts. However, a later audit by the U.S.
Department of Justice Inspector General found only 59
federally reportable kidnappings in 2008, compared to the
over 300 claimed on grant applications.[30]

During the year 1999 in the United States, 203,900 children

were reported as the victims of family abductions and
58,200 of non-family abductions. However, only 115 were
the result of "stereotypical" kidnaps (by someone unknown
or of slight acquaintance to the child, held permanently or
for ransom).[31]

Statistics
Global kidnapping hotspots
1999[32] 2006[33] 2014 [34]

1 Colombia Mexico Mexico

2 Mexico Iraq India

3 Brazil India Pakistan

4 Philippines South Africa Iraq

5 Venezuela Brazil Nigeria

6 Ecuador Pakistan Libya

7 Russia and CIS Ecuador Afghanistan

8 Nigeria Venezuela Bangladesh

9 India Colombia Sudan

10 South Africa Bangladesh Lebanon

Countries with the highest rates

Arrested kidnappers in Rio de Janeiro, Brazil lying on the ground

Kidnapping for ransom is a common occurrence in various

parts of the world today, and certain cities and countries are
often described as the "Kidnapping Capital of the World". As
of 2007, that title belongs to Iraq with possibly 1,500
foreigners kidnapped.[35][36] In 2004, it was Mexico,[37] and
in 2001, it was Colombia.[38] Statistics are harder to come
by. Reports suggest a world total of 12,500-25,500/year
with 3,600/year in Colombia and 3,000/year in Mexico
around the year 2000.[39] However, by 2016, the number of
kidnappings in Colombia had declined to 205 and it
continues to decline.[40][41] Mexican numbers are hard to
confirm because of fears of police involvement in
kidnapping.[42] "Kidnapping seems to flourish particularly in
fragile states and conflict countries, as politically motivated
militias, organized crime and the drugs mafia fill the
vacuum left by government".[33]

Pirates

Kidnapping on the high seas in connection with piracy has

been increasing. It was reported that 661 crewmembers
were taken hostage and 12 kidnapped in the first 9 months
of 2009.[43]

See also
Child abduction
Extraordinary rendition
Fetal abduction
Forced disappearance
Hostage
Human trafficking
Kidnap and ransom insurance
Kidnappings in Colombia
List of kidnappings
Stockholm syndrome

References
1. "Definition of kidnapping". 2017. Sources: Cornell
University Law School. Cambridge English Dictionary.
English Oxford Living Dictionaries. Merriam-Webster
Dictionary . Missing or empty |url= (help)
2. "Kidnap and ransom market value" .
3. Perri, Frank S., Lichtenwald, Terrance G., and MacKenzie,
Paula M. (2009). "Evil Twins: The Crime-Terror Nexus" (PDF).
Forensic Examiner. pp. 16–29.
4. "Bride Kidnapping - a Channel 4 documentary" .
Channel4.com.
5. Garcia Jr; Juan A. "Express kidnappings" .
Thepanamanews.com. Archived from the original on July 30,
2007. Retrieved December 7, 2006.
6. "wetten.nl - Regeling - Wetboek van Strafrecht -
BWBR0001854" . wetten.overheid.nl (in Dutch). Retrieved
2016-09-18.
7. € 78,000
8. The Law Reports. Lord Brandon: R v D [1984] AC 778,
[1984] 3 WLR 186, [1984] 2 All ER 449, 79 Cr App R 313,
[1984] Crim LR 558, HL, reversing [1984] 2 WLR 112, [1984] 1
All ER 574, 78 Cr App R 219, [1984] Crim LR 103, CA
9. Lord Brandon: R v D [1984] AC 778 at 800, HL. The
following cases are relevant: R v Reid [1973] QB 299, [1972] 3
WLR 395, [1972] 2 All ER 1350, 56 Cr App R 703, [1972] Crim
LR 553, CA; [as well as:] R v Wellard [1978] 1 WLR 921, [1978]
3 All ER 161, 67 Cr App R 364, CA; [and:] R v Cort [2003] EWCA
Crim 2149, [2003] 3 WLR 1300, [2004] 1 Cr App R 18, CA;
[and:] R v Hendy-Freegard.
10. "Hendy-Freegard v R [2007] EWCA Crim 1236 (23 May
2007)" . Bailii.org. Retrieved 2012-05-14.
11. Chris Johnston. "The Times | UK News, World News and
Opinion" . Business. timesonline.co.uk. Retrieved 2012-05-14.
"EWCA Crim 1236, [2007] 3 WLR 488."
12. R v D [1984] AC 778, HL
13. R v D [1984] AC 778 at 806, HL
14. For the Charging child abduction and kidnapping in the
same indictment see: R v C [1991] 2 FLR 252, [1991] Fam Law
522, CA.
15. The Child Abduction Act 1984, section 5 Archived
January 4, 2016, at the Wayback Machine
16. "Kidnapping - False Imprisonment:Offences against the
Person: Sentencing Manual: Legal Guidance: The Crown
Prosecution Service" . Cps.gov.uk. 2010-03-31. Archived from
the original on 2012-01-12. Retrieved 2012-01-20.
17. For background, see: R v Morris [1951] 1 KB 394, 34 Cr
App R 210, CCA. (Also:) R v Spence and Thomas, 5 Cr App R
(S) 413, [1984] Crim LR 372, CA. Further information: Crown
Prosecution Service: "Kidnapping - False Imprisonment:
Offences against the Person: Sentencing Manual: Legal
Guidance: The Crown Prosecution Service" . Cps.gov.uk.
2011-06-24. Archived from the original on 2012-04-21.
Retrieved 2012-05-14.
18. For the CPS guidance, see: "Legal Guidance:The Crown
Prosection Service: Prosecuting Cases of Child Abuse" .
Cps.gov.uk. Retrieved 2012-05-14.
19. For Offences against the person, see: "Offences against
the Person: Legal Guidance: The Crown Prosecution
Service" . Cps.gov.uk. Archived from the original on
2012-04-10. Retrieved 2012-05-14.
20. Gary Slapper (23 August 2007). "The Law Explored:
abduction and false imprisonment" . The Times. London.
Retrieved 2011-01-09.
21. The Gale Group (2008). West's Encyclopedia of
American Law (2nd ed.). Retrieved 2011-01-09.
22. "Chowchilla kidnap, Crime Library website" .
Crimelibrary.com. 1976-07-15. Archived from the original on
2014-04-03. Retrieved 2012-01-20.
23. "Project America: Crime: Crime Rates: Kidnapping" .
Project.org. Retrieved 2012-05-14.
24. Samaha, Albert; "Bad Rabbi: Tales of Extortion and
Torture Depict a Divorce Broker's Brutal Grip on the Orthodox
Community" Archived April 7, 2016, at the Wayback
Machine, Dec 4, 2013; Village Voice
25. Pleasance, Chris (2016-04-07) "Jewish Rabbi Known As
The Prodfather Admits Torturing Husbands Into Agreeing To
Divorce Their Wives In FBI Sting" Archived September 24,
2016, at the Wayback Machine, Daily Mail
26. "Three Orthodox Jewish Rabbis Convicted of Conspiracy
to Kidnap Jewish Husbands in Order to Force Them to
Consent to Religious Divorces" Archived March 4, 2016, at
the Wayback Machine, Apr 21, 2015; U.S. Federal Bureau of
Investigation
27. Ross, Brian (2009-02-11). "Kidnapping Capital of the
U.S.A." ABC News. Retrieved 2013-02-05.
28. "Business Horizons" . FindArticles.com. 14 May 2011.
Archived from the original on 9 July 2012.
29. Quinones, Sam (2009-02-12). "Phoenix, kidnap-for-
ransom capital" . Latimes.com. Retrieved 2012-01-20.
30. U.S. Department of Justice Office of the Inspector
General Audit Division (2012). Report GR-60-12-006 Review
of the Phoenix Police Department's 2008 Kidnapping
Statistic reported in Department of Justice Grant
Applications (PDF).
31. Sedlack, Andrea J. (2002). "National Estimates of
Missing Children: An Overview" . NISMART Series Bulletin: 7,
10. Retrieved 9 November 2015.
32. Rachel Briggs (Nov 2001). "The Kidnapping Business" .
Guild of Security Controllers Newsletter. Retrieved
2011-01-10.
33. IKV Pax Christi (July 2008). "Kidnapping is a booming
business" (PDF). Archived from the original (PDF) on
2011-07-20. Retrieved 2011-01-10.
34. RiskMap Report 2015 - Kidnap and extortion overview
(PDF). controlrisks.com. p. 122. Archived from the original
(PDF) on 2015-01-31. Retrieved 2015-01-30.

35. "Counterpunch.org" . Counterpunch.org. 2004-09-30.

Archived from the original on 2011-07-26. Retrieved
2012-01-20.
36. NGO Coordination committee for Iraq
37. "Highbeam.com" . Highbeam.com. Archived from the
original on 2007-05-24. Retrieved 2012-01-20.
38. "news.bbc.co.uk" . BBC News. 2001-06-27. Retrieved
2012-01-20.
39. "Facts about Kidnapping" . Free Legal Advice. Retrieved
2011-01-09.
40. "Military Personnel – Logros de la Política Integral de
Seguridad y Defensa para la Prosperidad" (PDF) (in Spanish).
mindefensa.gov.co. Archived from the original (PDF) on
2015-04-13.
41. "Colombia kidnappings down 92% since 2000, police
say" . bbc.com. 28 December 2016.
42. Dickerson, Marla; Sanchez, Cecilia (Aug 5, 2008).
"Mexican police linked to rising kidnappings" . LA Times.
Retrieved 2011-01-10.
43. "Unprecedented increase in Somali pirate activity" .
Commercial Crime Services. 21 Oct 2009. Archived from the
original on 2010-12-16. Retrieved 2011-01-09.

Further reading
Lewis, Damien; Mende Nazer (2003). Slave: My True
Story . New York: PublicAffairs. ISBN 1-58648-212-2.
OCLC 54461588 .
External links
Wikimedia Commons has media related to Kidnapping.

Look up kidnapping in Wiktionary, the free dictionary.

"Snatched: Notorious Kidnappings" —slideshow by Life

magazine
Jett, Philip. The Death of an Heir: Adolph Coors III and the
Murder That Rocked an American Brewing Dynasty New
York: St. Martin's Press, 2017. ISBN 978-1250111807

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