Editing Kidnapping (section)

==By jurisdiction==
Jurisdiction of kidnapping varies depending on the country, with each one having their own way of defining and prosecuting the crime. Some such countries with clearly defined laws on kidnapping include:

===Australia===
In Australia, kidnapping is a criminal offence, as defined by either the State Crimes Act or the Commonwealth Criminal Code. It is a serious indictable offence, and is punishable by up to 25 years' imprisonment.<ref>{{Cite web|url=https://www5.austlii.edu.au/au/legis/nsw/consol_act/ca190082/s86.html|title=CRIMES ACT 1900 - SECT 86 Kidnapping|website=www5.austlii.edu.au|access-date=2022-02-16|archive-date=2022-04-04|archive-url=https://web.archive.org/web/20220404154225/http://www5.austlii.edu.au/au/legis/nsw/consol_act/ca190082/s86.html|url-status=dead}}</ref>

===Canada===
[[:wikibooks:Canadian Criminal Sentencing/Offences/Kidnapping and Unlawful Confinement|Kidnapping]] that does not result in a [[Murder (Canadian law)|homicide]] is a [[hybrid offence]] that comes with a maximum possible penalty of [[Life imprisonment in Canada|life imprisonment]] (18 months if tried summarily).<ref>{{Cite web |title=Kidnapping and Unlawful Confinement (Offence) - Criminal Law Notebook |url=https://criminalnotebook.ca/index.php/Kidnapping_and_Unlawful_Confinement_(Offence) |access-date=2024-03-21 |website=criminalnotebook.ca}}</ref> 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]]).<ref>{{Cite web |title=Murder (Offence) - Criminal Law Notebook |url=https://criminalnotebook.ca/index.php/Murder_(Offence) |access-date=2024-03-21 |website=criminalnotebook.ca}}</ref>

=== Mexico ===
The General Law to Prevent and Punish Crimes of Kidnapping establishes a prison sentence of 20–40 years for an individual convicted of holding another person as a hostage. The prison term increases to 25–45 years if the kidnapping occurred with violence against the victims, and then increases to 25–50 years if the kidnapping was committed by members of [[Public security|public safety]]. If the kidnapping results in homicide, the prison sentence will be from 40 to 70 years.<ref>{{Cite web |title=Mexico: New Anti-Kidnapping Law Promulgated |url=https://www.loc.gov/item/global-legal-monitor/2010-12-08/mexico-new-anti-kidnapping-law-promulgated/ |access-date=2024-03-21 |website=Library of Congress, Washington, D.C. 20540 USA}}</ref>

=== Pakistan ===
In [[Pakistan]], there are two kinds of kidnapping: Kidnapping from Pakistan and kidnapping from lawful guardianship. Penal Code 360 states that whoever conveys any person beyond the limits of Pakistan without the consent of that person or of some person legally authorized to consent on behalf of that person is said to kidnap that person from Pakistan. Penal Code 363 states that whoever kidnaps any person from Pakistan or lawful guardianship shall be punished with imprisonment of either description of a term which may extend to seven years and shall also be liable to a fine. Kidnapping with a motive of murder, hurt, slavery, or to the lust of any person shall be punished with imprisonment for life with rigorous imprisonment for a term which may extend to ten years and shall also be liable to a fine.<ref>{{Cite web |title=Pakistan Penal Code (Act XLV of 1860) |url=https://www.pakistani.org/pakistan/legislation/1860/actXLVof1860.html |access-date=2024-03-21 |website=www.pakistani.org}}</ref>

===Netherlands===
Article 282 prohibits hostaging (and 'kidnapping' is a kind of 'hostaging').<ref>{{Cite web|url=https://wetten.overheid.nl/BWBR0001854/TweedeBoek/TitelXVIII/Artikel282/geldigheidsdatum_25-12-2012|title=wetten.nl - Regeling - Wetboek van Strafrecht - BWBR0001854|website=wetten.overheid.nl|language=nl|access-date=2016-09-18|archive-url=https://web.archive.org/web/20150502115140/https://wetten.overheid.nl/BWBR0001854/TweedeBoek/TitelXVIII/Artikel282/geldigheidsdatum_25-12-2012|archive-date=2015-05-02|url-status=dead}}</ref> Part 1 of Article 282 allows sentencing kidnappers to maximum imprisonment of eight years or a fine of the fifth category.<ref name="c5">€ 78,000</ref> Part 2 allows maximum imprisonment of nine years or a fine of the fifth category<ref name="c5" /> if there are serious injuries. Part 3 allows maximum imprisonment of 12 years or a fine of the fifth category<ref name="c5" /> 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 [[Common law offence|offence under the common law]] of [[England and Wales]]. Lord Brandon said in 1984 ''R v D'':<ref>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, [[House of Lords|HL]], reversing [1984] 2 WLR 112, [1984] 1 All ER 574, 78 Cr App R 219, [1984] Crim LR 103, [[Court of Appeal of England and Wales|CA]]</ref>

{{blockquote|First, the nature of the offence is an attack on, and infringement of, the personal liberty of an individual. Secondly, the offence contains four ingredients as follows: (1) the taking or carrying away of one person by another; (2) by [[Force (law)|force]] or [[fraud]]; (3) without the consent of the person so taken or carried away; and (4) without [[lawful excuse]].<ref name="RvD">Lord Brandon: ''R v D'' [1984] AC 778 at 800, HL. The following cases are relevant: ''R v Reid'' [1973] QB 299, [1972] 3 [[Weekly Law Reports|WLR]] 395, [1972] 2 [[All England Law Reports|All ER]] 1350, 56 [[Criminal Appeal Reports|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''.</ref><ref>{{cite web|url=https://www.bailii.org/ew/cases/EWCA/Crim/2007/1236.html |title=Hendy-Freegard v R [2007&#93; EWCA Crim 1236 (23 May 2007) |publisher=Bailii.org |access-date=2012-05-14}}</ref><ref>{{cite news |author=Chris Johnston |url=https://business.timesonline.co.uk/tol/business/law/reports/article1856903.ece |title=The Times |publisher=Business. timesonline.co.uk |access-date=2012-05-14 |quote=EWCA Crim 1236, [2007] 3 WLR 488.}}{{dead link|date=September 2024|bot=medic}}{{cbignore|bot=medic}}</ref>}}

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.<ref name="R v D 1984 AC 778, HL">''R v D'' [1984] AC 778, HL</ref> 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."<ref>''R v D'' [1984] AC 778 at 806, HL</ref> 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.<ref name="R v D 1984 AC 778, HL"/> It is known as [[Gillick competence]].<ref>For the Charging child abduction and kidnapping in the same indictment see: ''R v C'' [1991] 2 FLR 252, [1991] Fam Law 522, CA.</ref>

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]].<ref>The [[Child Abduction Act 1984]], [https://www.legislation.gov.uk/ukpga/1984/37/section/5 section 5] {{webarchive |url=https://web.archive.org/web/20160104185020/https://www.legislation.gov.uk/ukpga/1984/37/section/5 |date=January 4, 2016 }}</ref> Kidnapping is an [[indictable-only offence]].<ref>{{cite web |url=https://www.cps.gov.uk/legal/s_to_u/sentencing_manual/kidnapping_false_imprisonment/ |title=Kidnapping - False Imprisonment:Offences against the Person: Sentencing Manual: Legal Guidance: The Crown Prosecution Service |publisher=Cps.gov.uk |date=2010-03-31 |access-date=2012-01-20 |archive-url=https://web.archive.org/web/20120112014642/https://www.cps.gov.uk/legal/s_to_u/sentencing_manual/kidnapping_false_imprisonment/ |archive-date=2012-01-12 |url-status=dead }}</ref> 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.<ref>For background, see: ''R v Morris'' [1951] 1 KB 394, 34 Cr App R 210, CCA. (Also:)'' R v Spence and Thomas'', 5 [[Criminal Appeal Reports (Sentencing)|Cr App R (S)]] 413, [1984] Crim LR 372, CA. Further information: Crown Prosecution Service: {{cite web |url=https://www.cps.gov.uk/legal/s_to_u/sentencing_manual/kidnapping_false_imprisonment/ |title=Kidnapping - False Imprisonment: Offences against the Person: Sentencing Manual: Legal Guidance: The Crown Prosecution Service |publisher=Cps.gov.uk |date=2011-06-24 |access-date=2012-05-14 |archive-url=https://web.archive.org/web/20120421181525/https://www.cps.gov.uk/legal/s_to_u/sentencing_manual/kidnapping_false_imprisonment/ |archive-date=2012-04-21 |url-status=dead }}</ref><ref>For the CPS guidance, see: {{cite web|url=https://www.cps.gov.uk/legal/p_to_r/prosecuting_cases_of_child_abuse/index.html#kidnapping |title=Legal Guidance:The Crown Prosection Service: Prosecuting Cases of Child Abuse |publisher=Cps.gov.uk |access-date=2012-05-14}}</ref><ref>For Offences against the person, see: {{cite web |url=https://www.cps.gov.uk/legal/l_to_o/offences_against_the_person/index.html#Other_Relevant_Offences |title=Offences against the Person: Legal Guidance: The Crown Prosecution Service |publisher=Cps.gov.uk |access-date=2012-05-14 |archive-url=https://web.archive.org/web/20120410073418/https://www.cps.gov.uk/legal/l_to_o/offences_against_the_person/index.html#Other_Relevant_Offences |archive-date=2012-04-10 |url-status=dead }}</ref>

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".<ref name="R v D 1984 AC 778, HL"/><ref>{{cite news |work=[[The Times]] |title=The Law Explored: abduction and false imprisonment |url=https://business.timesonline.co.uk/tol/business/law/columnists/article2316202.ece |author=Gary Slapper |date=23 August 2007 |location=London |access-date=2011-01-09 }}{{dead link|date=September 2024|bot=medic}}{{cbignore|bot=medic}}</ref>

===United States===
{{Main|Kidnapping in the United States}}
Law in the United States follows from English common law. Following the highly publicized 1932 [[Lindbergh kidnapping]], [[US Congress|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 according to such factors as the location, duration, method, manner and purpose of the offense.<ref>{{cite journal |last1=King |first1=M.J. |title=Kidnapping in Florida: Don't Move or You've Done It |journal=Stetson Law Review |date=1983 |volume=13 |page=197}}</ref> There are several deterrents to kidnapping in the United States of America. Among these are:

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

In 2009, [[Phoenix, Arizona]] reported over 300 cases of kidnapping, gaining it a reputation as America's kidnapping capital, as according to the ''[[Los Angeles Times]].'' Hundreds of kidnappings for ransom occurred in the city, as per the ''Times'', most of them having connections to Mexican drug and human trafficking as a way to pay off unpaid debts.<ref name="quinones1">{{cite news |last=Quinones |first=Sam |date=2009-02-12 |title=Phoenix, kidnap-for-ransom capital |url=https://www.latimes.com/news/nationworld/world/latinamerica/la-na-drug-kidnappings12-2009feb12,0,544773.story |access-date=2012-01-20 |work=Los Angeles Times}}</ref> These statistics would have made the city have the highest kidnapping rate of any U.S. city, and second in the world only to [[Mexico City]].<ref name="project.org">{{cite web |title=Project America: Crime: Crime Rates: Kidnapping |url=https://www.project.org/info.php?recordID=158 |url-status=dead |archive-url=https://web.archive.org/web/20120327210711/http://www.project.org/info.php?recordID=158 |archive-date=2012-03-27 |access-date=2012-05-14 |publisher=Project.org}}</ref> However, an investigation and later audit by the U.S. Department of Justice Inspector General found these statistics to be falsified. Only 59 federally reportable kidnappings occurred in 2008.<ref>{{cite web |title=Phoenix Kidnappings: Uncovering the Truth |url=https://www.abc15.com/generic/news/local_news/investigations/Phoenix-Kidnappings%3A-Uncovering-The-Truth |url-status=dead |archive-url=https://web.archive.org/web/20130413042019/https://www.abc15.com/generic/news/local_news/investigations/Phoenix-Kidnappings%3A-Uncovering-The-Truth |archive-date=2013-04-13}}</ref><ref>{{Cite book |last=U.S. Department of Justice Office of the Inspector General Audit Division |url=https://www.justice.gov/oig/grants/2012/g6012006.pdf |title=Report GR-60-12-006 Review of the Phoenix Police Department's 2008 Kidnapping Statistic reported in Department of Justice Grant Applications |year=2012}}</ref> This is in comparison to the over 300 claimed kidnappings on grant applications. The falsified data can be attributed to a variety of issues within the southwestern United States as a whole, including misclassification by local police, lack of unified standards, a desire for Federal grants, or the [[Mexican drug war|Mexican Drug War]].<ref>{{cite web |last=Ross |first=Brian |date=2009-02-11 |title=Kidnapping Capital of the U.S.A. |url=https://abcnews.go.com/Blotter/Story?id=6848672&page=2 |access-date=2013-02-05 |work=ABC News}}</ref>