A crime at common law consisting of an unlawful restraint of a person's liberty by force or show of force so as to send the victim into another country. Under modern law, this crime will usually be found where the victim is taken to another location or concealed.
In some jurisdictions, kidnapping accompanied by bodily injury, sexual assault, or a demand for ransom elevates the crime to first-degree or aggravated kidnapping. Although the terms kidnapping and abduction are, at times, used interchangeably, abduction is broader, generally not requiring the threat or use of force.
See, e.g. United States v. Rodriguez-Moreno, 526 U.S. 275 (1999).
Definition from Nolo’s Plain-English Law Dictionary
Taking a person away by means of fear, force, or fraud. Kidnapping is a felony. It is also a federal crime, due to the assumption that the victim can be carried across state lines; this gives the FBI jurisdiction to pursue the alleged kidnapper.
Definition provided by Nolo’s Plain-English Law Dictionary.
August 19, 2010, 5:18 pm