actus reus
The physical act of unlawfully taking and carrying away a person against their will.
what is the actus reus for kidnapping?
The act must be without lawful authority & against the person’s will
what is unlawful Taking/Confinement?
if the kidnapper lets the victim go safe and unharmed penalties could be reduced, in certain jurisdictions
what is voluntary release?
Taking or confining a person without legal authority or justification.
what is unlawful seizure?
The physical act of unlawfully taking and carrying away a person against their will.
what is definition of kidnapping?
The specific intent to unlawfully confine or move a victim against their will.
what is mens rea for kidnapping?
Targeting victims who are very young, elderly, or have disabilities can enhance liability because of this factor.
what is victim vulnerability?
requires that the act be done willfully and with intent to hold the victim against their will.
what is criminal intent?
The unlawful taking or confinement must be achieved through force, the threat of force, or deception
what is coercion?
to obtain ransom, commit other felonies, or inflict substantial harm/injury
what is examples of specific intent?
Committing the crime of kidnapping while using or carrying one of these increases the severity of the charge.
Motive
what is holding the victim for ransom, reward, or other specific motive?
asportation
what is the physical movement of the victim from one place to another?
the purpose to confine or move someone unlawfully using force, threat, or deception.
what is general intent?
Kidnapping several people or committing more crimes during the kidnapping
what is multiple victims/crimes?
movement or confinement
what is moving a victim even a short distance, or holding them in confinement for a significant period
Actus reus can be met by the evidence, even if the victim is not actually moved from the original location
what is substantial confinement?
need both of these things to convict someone for kidnapping(in most cases)
what is general and specific intent?
The causing of serious bodily injury, sexual assault, or death can result in increase in potential charges and penalties
what is harm to the victim?
The act must be done against the victim's will, not when the victim freely agrees or the defendant reasonably believes they did.
what is lack of consent?