What is Considered Kidnapping in Arizona?

    There are several misconceptions concerning what is considered kidnapping. This ranges from the perception that it refers to taking only children out of their will because it needs to be a planned job.

    Most kidnaps are never really done with much fanfare. They are definitely not usually planned by a group of people, huddled over a spread-out map in a dimly lit room. Kidnapping is mostly an unplanned, spur of the moment decision.

    What is Kidnapping?

    In Criminal Law, kidnapping is commonly defined as taking a person from one place to another against their will or the confinement of a person to a controlled space.

    Although every state in the U.S. criminalizes kidnapping, each state’s laws define the crime differently. According to the Arizona Revised Statute § 13-1304, a kidnapping is said to have occurred when an individual intentionally holds a person against his or her will for the purpose of:

    • Unlawfully taking control of a vehicle
    • Holding the victim for ransom
    • Using the victim as a hostage or shield
    • Unlawfully forcing the victim into servitude
    • Creating fear of bodily harm to the victim
    • Having the victim assist him or her in the commission of a felony
    • Committing a sexual offense

    It should be noted that under Arizona law, attempting to move or hide an alleged kidnap victim is not necessarily part of the kidnapping.

    Kidnapping Degrees in Arizona

    Kidnapping is divided into different levels of severity: a class two, three, or four felony. To be charged with a class two felony, the defendant must have involuntarily released the victim, sexually assaulted the victim, or forced the victim to commit a felony. More offenses that classify kidnapping as a class two felony are detailed in Arizona Revised Statute § 13-1304.

    Sometimes, a kidnapping charge might be classified as a third-degree felony. This occurs when the individual inflicted no harm on the victim and negotiates the terms of release with the authorities before releasing the victim. Other times, a kidnapping charge might be minor and classified as a class four felony. In such cases, the individual must have ensured that the victim was released safely to a safe place. The defendant must also not have subjected the victim to any sexual abuse/harassment, physical harm, ransom demands, or other offenses specified in Arizona’s Criminal Laws.

    Defenses to Kidnapping

    There are several legal defenses to kidnapping. A defense lawyer can argue that:

    • The alleged victim consented to be moved or to accompany the defendant.
    • The defendant did not intend to use deadly force.
    • The kidnapping was a mistake or was caused by ignorance.
    • The defendant was suffering from a mental disease or insanity when the crime was being committed.

    Speak to a Defense Attorney at Pinal Criminal Defense

    Kidnapping is a serious crime that carries severe consequences. Not only could a defendant spend time in jail for this crime, but a kidnapping charge not well-handled can also come with social stigma. If you are facing kidnapping charges, you should speak to a lawyer at Pinal Criminal Defense. Our Criminal Defense Attorneys who understand criminal laws in Arizona will advise you on how best to proceed with your defense. They will also ensure that you get the best representation possible in court. Give us a call now!

    What is considered kidnapping in Arizona?
    In Arizona, per A.R.S §13-1304 “Kidnapping” occurs when a person knowingly restrains another person with the intent to accomplish certain goals including ransom; shield or hostage; slavery; or to inflict a sexual offense, death, or physical injury to them. more
    Did the DEA kidnap?
    June 15, 1992: Supreme Court upholds DEA's kidnapping of Mexican doctor. On Feb. 7, 1985, while on a short walk to meet his wife for lunch, Enrique “Kiki” Camarena Salazar disappeared from a street near the U.S. consulate in the fabled Mexican city of Guadalajara. more
    Does Arizona have bears?
    The black bear is the only bear species still found in Arizona. It is the smallest and most widely distributed North American bear. Their breeding period is in July and cubs generally are born the following January in winter dens. Black bears normally hibernate from November through March. more
    Is Arizona Safe?
    Among all 50 states, Arizona has the ninth-highest violent crime rate and the fifteenth-highest property crime rate. Despite higher overall concern and crime rates, Arizona respondents to our State of Safety survey told us they've had less personal experience with crime than most of the country. more
    Why do kidnappers kidnap?
    The principal motives for kidnapping are to subject the victim to some form of involuntary servitude, to expose him to the commission of some further criminal act against his person, or to obtain ransom for his safe release. more
    Is Arizona poor?
    In 2020, about 14.1 percent of Arizona's population lived below the poverty line. This accounts for persons or families whose collective income in the proceeding 12 months was below the national poverty level of the United States. more
    Are wolves in Arizona?
    Arizona at a glance This reintroduced population is shared by Arizona and New Mexico. Main prey for wolves there are elk, deer and domestic livestock. Much controversy surrounds these wolves, due in large part to depredation (killing livestock) issues. Wolves in Arizona range in less than five percent of the map shown. more
    Did Caro Quintero kidnap?
    Caro Quintero had walked free in 2013 after 28 years in prison when a court overturned his 40-year sentence for the 1985 kidnapping and killing of U.S. Drug Enforcement Administration agent Enrique "Kiki" Camarena. The brutal murder marked a low point in U.S.-Mexico relations. more
    Can Ubers kidnap you?
    This situation is not the first of the incidents, as in 2019, a 32-year-old Uber driver, Sean Williams, kidnapped a 15-year-old girl with the plans to assault the minor sexually. The girl managed to escape and call the police after she convinced Sean to stop at McDonald's for her to use the restroom. more
    Do cartels kidnap tourist?
    As the cartels became successful, McGarrity said, they diversified their operations to include kidnapping for ransom, extortion, stealing oil from pipelines, and even white-collar crime. more
    Why do tigers kidnap?
    The term “tiger kidnapping” comes from the way a tiger stalks its prey before it strikes. Criminals use the same tactic. They learn about their queries weaknesses before they exploit them, eventually targeting the item or person that they believe will elicit a desired reaction. more

    Source: www.tucsoncrimelawyers.com

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