Abduction & Kidnapping

This charge also known as kidnapping is committed by using force, intimidation or deception to seize, take, transport, detain or secrete another person with the intent to deprive that person of liberty to withhold or conceal from proper custody.

To prove this charge the Prosecutor must show (§Va. Code 18.2-47(A)):

  • By force or intimidation or deception
  • Without legal justification or excuses,
  • Seizes, takes, transports, detains or secretes another person
  • With intent
  • to deprive such other persons of personal liberty or to withhold or conceal from him any person authority or institution they are lawfully entitled to.

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Penalty:

  • You can be convicted of a Class 6 Felony
  • This would include not less than 1 year nor more than 5 years
  • OR in the discretion of the jury or court confinement of not more than 12 months
  • A fine of up to $2,500
  • A felony conviction - Which results in many rights being forfeited (including the right to vote, the right to possess firearms)
  • Employment impacts from required disclosures.

Abduction for Labor

To be convicted of this charge:

  • Any person who by force, intimidation or deception,
  • And without legal justifications or excuses seizes, takes, transports, detains or secretes another person
  • With intent
  • To subject him or her to forced labor or services shall be deemed guilty.

Intimidation: shall include destroying, concealing, confiscating, withholding, or threatening to withhold passport, or other immigration documents, (and government identification). Even threatening to report another as being illegally present in the United States.

Abduction by Parent

The above-listed offense committed by the parent of the person abducted and punishable as contempt of court in any proceeding then pending offense will instead be a Class 1 misdemeanor.

Penalty

  • Up to 12 months in custody
  • A fine of up to $2,500
  • A criminal record

Virginia Statute:

18.2-47. Abduction and kidnapping defined; punishment.

Any person who, by force, intimidation or deception, and without legal justification or excuse, seizes, takes, transports, detains or secretes another person with the intent to deprive such other person of his personal liberty or to withhold or conceal him from any person, authority or institution lawfully entitled to his charge, shall be deemed guilty of “abduction.”

Any person who, by force, intimidation or deception, and without legal justification or excuse, seizes, takes, transports, detains or secretes another person with the intent to subject him to forced labor or services shall be deemed guilty of “abduction.” For purposes of this subsection, the term “intimidation” shall include destroying, concealing, confiscating, withholding, or threatening to withhold a passport, immigration document, or other governmental identification or threatening to report another as being illegally present in the United States.

The provisions of this section shall not apply to any law-enforcement officer in the performance of his duty. The terms “abduction” and “kidnapping” shall be synonymous in this Code. Abduction for which no punishment is otherwise prescribed shall be punished as a Class 5 felony.

If an offense under subsection A is committed by the parent of the person abducted and punishable as contempt of court in any proceeding then pending, the offense shall be a Class 1 misdemeanor in addition to being punishable as contempt of court. However, such offense, if committed by the parent of the person abducted and punishable as contempt of court in any proceeding then pending and the person abducted is removed from the Commonwealth by the abducting parent, shall be a Class 6 felony in addition to being punishable as contempt of court.

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