The Legal Definition of Kidnapping

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According to the National Center for Exploited and Missing Children, over 2,000 children are reported every day. This adds up to almost 800,000 reported cases of missing children (Falcon, G., 2007). With figures like these, in conjunction with the constant flow of news stories depicting kidnapping victims from all walks of life and from every corner of the country it appears that no one is safe from the possibility of becoming a kidnap victim. Kidnapping is a difficult phenomenon to study because the statistics are intimidating and the news coverage is vast, and yet according to Carolyn Ann Vlk, Peter Thomas Senese, and Joel S. Walter “the truth of the matter is that we really do not know how accurate any of the data is or how large of a problem we actually have on our hands” (Senese, P. T., & Vlk, C. A., 2013). In an effort to better understand kidnapping, we will first define kidnapping, as well as subtypes of kidnapping, using the New York State Penal code, as well as Federal laws. Next, we will discuss the trends in kidnapping, and finally we will discuss some of the most notorious kidnapping cases.
The legal definition of kidnapping varies based on jurisdiction. The New York State Penal Code includes first, and second degree kidnapping. First-degree kidnapping, according to § 135.25, occurs when a person physically restrains, holds captive, or moves another person without their consent: i.) with the intent to collect ransom; ii.) longer than twelve hours, and with the intent to injure the person; iii.) in an effort to commit another felony (i.e. taking hostages to rob a bank); IV.) to scare the victim or a third party; V.) “to interfere with a governmental or political function” (kidnapping, 2008); VI.) and when the abducti...

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