Kidnapping in PA (Maximums and Defenses)

Kidnapping in PA is a serious felony offense. It just sounds nasty on your criminal record. A conviction for the crime is like a diamond, it lasts forever. You have to be extremely careful with who you pick to handle this case because picking wrong can ruin your life. When people ask “Who is the best Kidnapping attorney near me?” The people have spoken, it’s The McShane Firm 

 

kidnapping
kidnapping

The Law

You can read the exact law here: Kidnapping 18 P.S. § 2901

What the government needs to prove:

Kidnapping is a very simple statute, but the devil is in the details. As we will see.

Remember at all times, if the government has charged you with any crime including REAP, you are innocent in the eyes of the law. Before you start the eternal you are Not Guilty. You remain that way unless the government can present a mountain of evidence proving your guilty beyond a reasonable doubt.

Kidnapping-General

In order to convict you the government must prove the following:

  1. the accused
  2. unlawfully removed another
  3. a substantial distance under the circumstances from the place where he is found, or
  4. if he unlawfully confined another
  5. for a substantial period in a place of isolation, with any of the following intentions to:
    1. hold for ransom or reward, or as a shield or hostage.
    2. facilitate commission of any felony or flight thereafter.
    3. inflict bodily injury on or to terrorize the victim or another.
    4. interfere with the performance by public officials of any governmental or political function.

Kidnapping of a Minor

In order to convict you the government must prove the following:

  1. the accused
  2. unlawfully removed
  3. a person under 18 years of age
  4. a substantial distance under the circumstances from the place where he is found, or
  5. if he unlawfully confined a person
  6. under 18 years of age
  7. for a substantial period in a place of isolation, with any of the following intentions to:
    1. hold for ransom or reward, or as a shield or hostage.
    2. facilitate commission of any felony or flight thereafter.
    3. inflict bodily injury on or to terrorize the victim or another.
    4. interfere with the performance by public officials of any governmental or political function.

What does “substantial distance” mean for kidnapping?

The appellate decisions have basically reduced this requirement to very little movement. 

What does “removal or confinement” for kidnapping in PA?

The law itself reads:

A removal or confinement is unlawful within the meaning of subsection (a) if it is accomplished by force, threat or deception, or, in the case of an incapacitated person, if it is accomplished without the consent of a parent, guardian or other person responsible for general supervision of his welfare…or, in the case of a person under 14 years of age, if it is accomplished without consent of a parent, guardian or other person responsible for general supervision of his welfare.

Maximum Penalties

If you are convicted or found guilty of Kidnapping, it is a felony of the first degree. Beyond the instant concerns you likely have about jail, probation, fines and costs, you need to be aware of Felony Conviction Consequences in Pennsylvania.

The maximum penalty for all felonies of the first degree in Pennsylvania is a period of jail not to exceed twenty years. The maximum fine is not to exceed $25,000.00

Megan’s Law and Sexually Violent Predator for Kidnapping

Kidnapping-General does not trigger Megan’s Law and therefore does not subject you to Sexually Violent Predator designation or consequences.

If you are convicted of Kidnapping of a Minor, it is a Tier One Megan’s Law offense. That means you undergo a lifetime registration. It also triggers the possibility of being designated as a Sexually Violent Predator. If you are found to be a SVP, it means a lifetime of Megan’s Law registration, monthly counseling, and neighborhood notification for life.