False Imprisonment Is A Lesser Offense Than Kidnapping Essay

1242 Words Oct 1st, 2016 5 Pages
False imprisonment is denying a person(s) of their liberty while without the absorption requirements. False imprisonment is a lesser offense than kidnapping. Physical force can accomplish the detention, but it doesn’t have to threatened force is enough. For example, Officer Daniel’s believes he has the right to order someone on the street to get in the squad car, but legally he does not. Officer Daniel’s is false imprisoning this person.
Kidnapping is taking and carrying away someone with the intent of depriving them of personal liberty. When it comes to common law there are six elements of kidnapping and they are seizing, carrying away, confining, deception or force or threat of force, another person, and an intent to deprive someone of their personal liberty. An actus reus (taking and carrying away someone) + Mens rea (confining the victim) + circumstance (statute) = criminal conduct (kidnapping). Since the 1990s kidnapping has become a serious felony and in some states it’s even a capital offense. With the increase in kidnappings legislatures decided to enact harsh kidnapping statutes. Typically kidnapping is divided into two degrees: simple and aggravated. Aggravated circumstances include kidnapping for the purpose(s) of obtaining a hostage, obtaining ransom, sexual invasion, robbing/murdering/ terrorizing the victim, blackmail, and/or achieving a political goal. Being found guilty of this crime is life imprisonment or maybe even death. An example of kidnapping is…

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