For other uses, see Kidnapping (disambiguation). El Malón, Johann Moritz Rugendas (1802-1858). The painting depicts a woman being kidnapped during a malón. In criminal law, kidnapping is the taking away or transportation of a person against the person's will, usually to hold the person in false imprisonment, a confinement without legal authority. This may be done for ransom or in furtherance of another crime, or in connection with a child custody dispute. Criminal law Part of the common law series Element (criminal law) Actus reus · Mens rea Causation · Concurrence Scope of criminal liability Complicity · Corporate · Vicarious Inchoate offenses Attempt · Conspiracy · Solicitation Offence against the person Assault · Battery False imprisonment · Kidnapping Mayhem · Sexual assault Homicide crimes Murder · Felony murder Manslaughter Ragging Negligent homicide Vehicular homicide Crimes against property Arson · Blackmail · Burglary Embezzlement · Extortion False pretenses · Larceny Receiving stolen property Robbery · Theft Crimes against justice Compounding · Misprision Obstruction · Perjury Malfeasance in office Perverting the course of justice Defenses to liability Defense of self Defence of property Consent · Diminished responsibility Duress · Entrapment Ignorantia juris non excusat Infancy · Insanity Intoxication defense Justification · Mistake (of law) Necessity · Loss of Control (Provocation) Other common law areas Contracts · Evidence · Property Torts · Wills, trusts and estates Portals Criminal justice · Law v · d · e

In some countries such as the United States a large number of child abductions arise after separation or divorce when one parent wishes to keep a child against the will of the other or against a court order. In these cases, it is not considered kidnap if the child, being competent, agrees. Contents 1 Kidnapping versus abduction 2 English Common Law 3 The United States 4 Named forms 5 Statistics 6 See also 7 Footnotes 8 References 9 External links // Kidnapping versus abduction In modern usage, kidnapping or abduction of a child is often called child stealing and parental kidnapping, particularly when done not to collect a ransom but rather with the intention of keeping the child permanently (often in a case where the child's parents are divorced or legally separated, whereupon the parent who does not have legal custody will commit the act, also known as "childnapping"). Child abduction can refer to children being taken away without their parents' consent but with the consent of the child. In England and Wales, it is child abduction to take away a child under the age of 16 without parental consent. However the offense of kidnap in the case of a competent minor requires the absence of consent from the minor. This means that a parent commits kidnapping if he takes the child against its will but if a 3rd party takes the child away from the parents with the child's consent the 3rd party does not commit the offense of kidnapping.1 English Common Law

Kidnapping is a common law offence requiring: that one person takes another person away; by force or fraud; without the consent of the person taken; without lawful excuse.2 It invariably includes committing false imprisonment, which is the common-law offence of intentionally or recklessly detaining the victim without lawful authority. The use of force to take and detain will also be regarded as an assault, and other, related offences may also be committed before, during, or after the detention. There are various rules that stop prosecutions being brought too easily. e.g. The Director of Public Prosecution's consent is required for a prosecution against a person "connected with" an abducted child under the age of 16.3 Alongside murder, kidnapping is the last significant offence under the common law which has yet to be codified into statute. The United States Law in the United States follows from English common law. Following the highly publicized 1932 Lindbergh kidnapping, Congress 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 accordingly. e.g. New York bases its definition of first-degree kidnapping on the duration and purpose. 4 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 surveiled. 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.)

The harsh sentences imposed and the poor risk-to-benefit ratio compared with other crimes have caused kidnapping for ransom virtually to die out in the United States. One notorious failed example of kidnap for ransom was the Chowchilla bus kidnapping, in which 26 children were abducted with the intention of bringing in a $5 million ransom.5 Kidnappings for profit that do occur in or into the United States today are often connected to other ongoing criminal activity, such as human trafficking. Stockholm syndrome is a term used to describe the relationship a hostage can build with their kidnapper. According to a 2003 Domestic Violence Report in Colorado, out of a survey of 189 incidents, most people (usually white females) are taken from their homes or residence by a present or former spouse or significant other. They are usually taken by force, not by weapon, and usually the victims are not injured when they are freed. Named forms Bride kidnapping is a term often applied loosely, to include any bride 'abducted' against the will of her parents, even if she is willing to marry the 'abductor'. It still is traditional amongst certain nomadic peoples of Central Asia. It has seen a resurgence in Kyrgyzstan since the fall of the Soviet Union and the subsequent erosion of women's rights.6 Child abduction is the abduction or kidnapping of a child (or baby) by an older person. Express kidnapping is a method of abduction used in some countries, mainly from Latin America,7 where a small ransom, that a company or family can easily pay, is requested. Tiger kidnapping is taking a hostage to make a loved one or associate of the victim do something, e.g. a child is taken hostage to force the shopkeeper to open the safe. The term originates from the usually long preceding observation, like a tiger does on the prowl. Statistics This section needs additional citations for verification. Please help improve this article by adding reliable references. Unsourced material may be challenged and removed. (January 2010) Global Kidnapping hot-spots   19998 20069 1 Colombia Mexico 2 Mexico Iraq 3 Brazil India 4 Philippines South Africa 5 Venezuela Brazil 6 Ecuador Pakistan 7 Former Soviet Union Ecuador 8 Nigeria Venezuela 9 India Colombia 10 South Africa Bangladesh

Kidnapping for ransom is a common occurrence in various parts of the world today, and certain cities and countries are often described as the "Kidnapping Capital of the World." As of 2007, that title belongs to Iraq with possibly 1,500 foreigners kidnapped.1011 In 2004, it was Mexico,12 and in 2001, it was Colombia.13 Statistics are harder to come by. Reports suggest a world total of 12,500-25,500/year with 3,600/year in Colombia and 3,000/year in Mexico around the year 2000.14 However by 2006, the number of kidnappings in Colombia had declined to 687 and it continues to decline.15 Mexican numbers are hard to confirm because of fears of police involvement in kidnapping.16 "Kidnapping seems to flourish particularly in fragile states and conflict countries, as politically motivated militias, organized crime and the drugs mafia fill the vacuum left by government."9 In 2009, the Los Angeles Times named Phoenix, Arizona17 as America's kidnapping capital, reporting that every year hundreds of ransom kidnappings occur there, virtually all within the underworld associated with human and drug smuggling from Mexico, and often done as a way of collecting unpaid debts. In the United States, 203,900 children were reported as the victims of family abductions and 58,200 of non-family abductions. However only 115 were the result of "stereotypical" kidnaps (by someone unknown or of slight acquaintance to the child, held permanently or for ransom).18

In the past, and presently in some parts of the world (such as southern Sudan), kidnapping is a common means used to obtain slaves and money through ransom. In less recent times, kidnapping in the form of shanghaiing (or "pressganging") men was used to supply merchant ships in the 19th century with sailors, whom the law considered unfree labour.citation needed Kidnapping on the high seas in connection with piracy has been increasing. It was reported that 661 crewmembers were taken hostage and 12 kidnapped in the first 9 months of 2009.19 Criminal gangs are estimated to make up to $500 million a year in ransom payments from kidnapping.20 Kidnapping has been identified as one source by which terrorists organizations have been known to obtain funding.21 The Perri, Lichtenwald and MacKenzie article identified Tiger kidnapping as a specific method used by a known terrorist organization, although which terrorist cell conducted the intelligence gathering, which terrorist cell made direct contact, and which terrorist cells shared in the profit prior to forwarding the monies obtained from the kidnapping up to the top organization members is not known for certain. See also Extraordinary rendition Federal Kidnapping Act Fetal abduction Forced disappearance Hostage Human trafficking International child abduction Kidnap and ransom insurance Kidnappings in Colombia List of kidnappings Footnotes ^ Regina Appellant v D Respondent [1984] A.C. 778 ^ Legal advice website ^ Gary Slapper (23 Aug 2007). "The Law Explored: abduction and false imprisonment". The Times.  ^ The Gale Group (2008). West's Encyclopedia of American Law, edition 2. http://legal-dictionary.thefreedictionary.com/kidnapping. Retrieved 2011-01-09.  ^ Chowchilla kidnap, Crime Library website ^ 'Bride Kidnapping' - a Channel 4 documentary ^ Garcia Jr, Juan A. "Express kidnappings" accessed December 7, 2006 ^ Rachel Briggs (Nov 2001). "The Kidnapping Business". Guild of Security Controllers Newsletter. http://fpc.org.uk/articles/115. Retrieved 2011-01-10.  ^ a b IKV Pax Christi (July 2008). "Kidnapping is a booming business". http://www.eisf.eu/resources/library/Kidnappingbooming.pdf. Retrieved 2011-01-10.  ^ Counterpunch.org ^ NGO Coordination committee for Iraq ^ Highbeam.com ^ news.bbc.co.uk BBC News ^ "Facts about Kidnapping". Free Legal Advice. http://www.freelegaladvicehelp.com/criminal-lawyer/kidnapping/Facts-About-Kidnapping.html. Retrieved 2011-01-09.  ^ Estadisticos Secuestrado a 2006 ^ "Mexican police linked to rising kidnappings". LA Times. Aug 5,2008. http://www.latimes.com/news/nationworld/world/la-fg-mexkidnap5-2008aug05,0,5466136.story. Retrieved 2011-01-10.  ^ Phoenix, kidnap-for-ransom capital ^ "Statistics: Missing children". National Center for Missing and Exploited Children. http://www.missingkids.com/missingkids/servlet/PageServlet?LanguageCountry=en_US&PageId=2810. Retrieved 2010-01-09.  ^ "Unprecedented increase in Somali pirate activity". Commercial Crime Services. 21 Oct 2009. http://www.icc-ccs.org/news/376-unprecedented-increase-in-somali-pirate-activity. Retrieved 2011-01-09.  ^ "Kidnap and ransom market value". http://www.havocscope.com/kidnap-and-ransom-market-value/.  ^ Perri, Frank S., Lichtenwald, Terrance G., and MacKenzie, Paula M. (2009). Evil Twins: The Crime-Terror Nexus. Forensic Examiner, 16-29. References Damien Lewis; Mende Nazer (2003). Slave. New York: Public Affairs. pp. 368. ISBN 1-58648-212-2.  External links Look up kidnapping in Wiktionary, the free dictionary. Insight News documentary: China's Kidnapped Wives Court TV's - Criminal Psychology of child abduction Kidnap and Ransom activities around the world: Havocscope Black Market v · d · eTypes of crime Note: Crimes vary by jurisdiction. Not all types are listed here. Classes Infraction · Misdemeanor · Felony · Summary · Indictable · Hybrid Against the person Assault · Battery · Extortion · Harassment · Kidnapping · Identity theft · Manslaughter (corporate) · Murder · Rape · Robbery · Sexual assault Against property Arson · Blackmail · Burglary · Deception · Embezzlement · False pretenses · Fraud · Handling · Larceny · Theft · Vandalism Against public order Drug possession Against the state Tax evasion · Espionage · Treason Against justice Bribery · Misprision of felony · Obstruction · Perjury · Malfeasance in office Inchoate offenses Accessory · Attempt · Conspiracy · Incitement · Solicitation · Common purpose WikiSource · Wikimedia Commons · Wikiquote · Wikinews