Kidnapping and abduction are serious crimes in the state of Ohio. Even those involved in a child custody dispute can be charged with kidnapping, and this will have a detrimental effect on your life. If you are accused of kidnapping or abduction an experienced defense attorney is necessary to defend you against the allegations of kidnapping or abduction.
Kidnapping as defined by Section 2905.01 of the Ohio Revised Code
(A) No person, by force, threat, or deception, or, in the case of a victim under the age of thirteen or mentally incompetent, by any means, shall remove another from the place where the other person is found or restrain the liberty of the other person, for any of the following purposes:
(1) To hold for ransom, or as a shield or hostage;
(2) To facilitate the commission of any felony or flight thereafter;
(3) To terrorize, or to inflict serious physical harm on the victim or another;
(4) To engage in sexual activity, as defined in section 2907.01 of the Revised Code, with the victim against the victim’s will;
(5) To hinder, impede, or obstruct a function of government, or to force any action or concession on the part of governmental authority;
(6) To hold in a condition of involuntary servitude.
(B) No person, by force, threat, or deception, or, in the case of a victim under the age of thirteen or mentally incompetent, by any means, shall knowingly do any of the following, under circumstances that create a substantial risk of serious physical harm to the victim or, in the case of a minor victim, under circumstances that either create a substantial risk of serious physical harm to the victim or cause physical harm to the victim:
(1) Remove another from the place where the other person is found;
(2) Restrain another of the other person’s liberty.
Abduction as defined by Section 2905.02 of the Ohio Revised Code
(A) No person, without privilege to do so, shall knowingly do any of the following:
(1) By force or threat, remove another from the place where the other person is found;
(2) By force or threat, restrain the liberty of another person under circumstances that create a risk of physical harm to the victim or place the other person in fear;
(3) Hold another in a condition of involuntary servitude.
(B) No person, with sexual motivation, shall violate division (A) of this section.
What is Kidnapping?
Kidnapping is the taking of someone against their will to a different location or restraining their liberty You may be found guilty of kidnapping if you remove a person from the place where they are found, by use of force, threat, or deception. The taking of another person for ransom, as a hostage or shield, to facilitate another crime, or to terrorize another, are all reasons you could be convicted of kidnapping. You can also be convicted of Kidnapping if you restrain someone’s liberty, such as ordering them not to move when at the same time you are brandishing of possessing a knife or gun. In Ohio, the risk of double jeopardy is increased in kidnapping cases because, by definition, any robbery, rape, or assault would also constitute kidnapping. To prevent this, Ohio has established a statute that prohibits a person from receiving multiple convictions for the same criminal act unless the defendant exhibits a separate intent.
What is Abduction? Abduction is considered a lesser included crime of kidnapping requiring many of the same criminal elements of kidnapping and doesn’t necessarily have to involve a child. A person of any age can be abducted.
Kidnapping in Ohio, is most often charged as a first or second degree felony in Ohio. A first degree felony carries a penalty of from three to eleven years in prison and a fine not exceeding $20,000. A second-degree felony carries a penalty of between two and eight years in prison and a fine not to exceed $15,000. Additionally, if a specification(s) is a part of your kidnapping charges and you are convicted of kidnaping and the specification(s) you may face the imposition of a life sentence with the possibility of parole after ten or fifteen years.
Abduction in Ohio is a serious criminal offense that carries significant penalties if convicted. An abduction conviction cannot be expunged. The specific charge and penalties you might face for an abduction conviction vary based on the facts and circumstances surrounding the charges.
Abduction in Ohio, is most often charged as a third degree felony. This carries a penalty of from 9, 12, 18, 24, 30 or 36 months in prison and possibly 48 or 60 months in prison depending on your criminal history. A fine not exceeding $10,000.
If you are convicted of abduction in Ohio and the facts and circumstances of your case are more severe, you may be charged with a second-degree felony. This carries a penalty of between two and eight years in prison and a fine not to exceed $15,000.
Kidnapping and Abduction are Serious Crimes
A kidnapping or abduction conviction will be become part of your permanent record and will prevent you from purchasing or possessing a firearm. Many other collateral penalties may be imposed if you are convicted – penalties that can have an adverse impact on many aspects of your life, including your current job and future employment. As well, you may encounter professional licensure and immigration issues.
If you have been accused of kidnapping or abduction, your case can be difficult to defend against. Those involved in a child custody dispute may not understand that they can be charged with kidnapping or abduction as well, and the possible indefinite loss of custody. Charges of kidnapping or abduction are serious criminal charges that only an experienced defense attorney can defend you against.
If you have been charged with kidnapping or abduction in Ohio, an experienced criminal defense attorney will help determine whether you have any defense(s) to the charge(s) and will thoroughly discuss your options. Should you decide to go to trial, a skilled defense attorney is an absolute necessity. For more information and a free consultation, please contact Jeff Hastings, experienced Cleveland, Ohio Criminal Defense Attorney.