Kidnapping Charges in Massachusetts
Table of Contents
Under Massachusetts criminal law, the crime of Kidnapping may be found at Massachusetts General Laws, Chapter 265, Section 26. The law in the Commonwealth provides for three separate theories for which a person may be convicted of Kidnapping.
The first theory of Kidnapping makes it unlawful for a person, without lawful authority, to forcibly or secretly confine, or imprison another person against his or her will.
The second theory of Kidnapping makes it unlawful for a person, without lawful authority, to forcibly carry or send away a person out of the Commonwealth of Massachusetts.
The third theory of Kidnapping makes it unlawful for a person, without lawful authority, to forcibly seize and confine, inveigle, or kidnap another person, with intent either to cause him or her to be secretly confined or imprisoned within the against his or her will or to cause him to be sent out of the Commonwealth against his or her will or in any way held to service against his or her will.
For human trafficking related charges to go the human trafficking page.
Important Legal Definitions of MA Kidnapping Law
For the purposes of a Kidnapping offense in Massachusetts, there are certain terms that must be defined and understood. The word “forcibly” means that the act was carried out through the use of some type of force.
A person can act “forcibly” toward another if one compels, constrains, or obliges the other person to do something against his or her will. The force used may be either actual or constructive force. That is, the force does not have to be actual physical force applied to the alleged victim, it can be a display of potential force which the alleged victim was subdued by.
A person is “secretly confined” when, without the knowledge of others, the person is enclosed within bounds or limits, restricted, shut up or kept in a place.
A person is “imprisoned” if that person is detained in custody or held in a restraint. Put another way, if a person’s liberty and freedom of movement is compromised, then that person is deemed under the Kidnapping law to be confined or imprisoned.
If you have been charged with a kidnapping offense and need experienced Massachusetts Criminal Attorneys call (508) 213-9113 to schedule a free consultation with the Criminal Attorneys at the Law Office of John L. Calcagni III.
Legal Elements of Kidnapping
Legal Elements of Theory One
Under the first theory of Kidnapping under Massachusetts criminal law, there must be strong evidence of the following legal elements:
- that the defendant was without lawful authority;
- that the defendant forcibly or secretly confined or imprisoned another person against his or her will; and
- that the defendant committed the offense against the other person’s will, that is, without his or her consent.
Legal Elements of Theory Two
Under the second theory of Kidnapping under Massachusetts criminal law, there must be strong evidence of the following legal elements:
- that the defendant was without lawful authority; and
- that the defendant forcibly carried or sent another person out of the Commonwealth.
Legal Elements of Theory Three
Under the third theory of Kidnapping under Massachusetts criminal law, there must be strong evidence of the following legal elements:
- that the defendant was without lawful authority;
- that the defendant forcibly seized and confined, or inveigled or kidnapped another person; and
- that the defendant did so with the intent to either:
- (a) cause the other person to be secretly confined or imprisoned in the Commonwealth against his or her will;
- (b) to cause the alleged victim to be sent out of the Commonwealth against his or her will; or
- (c) to cause the alleged victim to be in any way held to service against his or her will.
Kidnapping with Intent to Extort
For each of the three Kidnapping theories, there is an additional element that must be proven if the kidnapping was done with the intent to extort. This element is that the defendant committed the offense or kidnapping, with the specific intent to extort money or some other valuable thing.
To “extort” means to obtain property, coerce payment of money, secure a pecuniary advantage for oneself, or compel another to do an act against his or her will as a result of a threat. The crime of extortion is the wrongful use of fear to compel another to surrender something of value to the extortionist.
Potential Punishment if Convicted of Kidnapping in Massachusetts
The potential consequences for Kidnapping, if convicted, in the Commonwealth may be found at Massachusetts General Laws, Chapter 265, Section 26. A defendant convicted for this offense under any of the three theories shall be imprisoned in state prison for not more than 10 years or in a jail or house of corrections for not more than 2 years. If the Kidnapping had the added element of Intent to Extort, then the defendant shall be imprisoned in state prison for life or any term of years. If the defendant commits the Kidnapping offense against a child victim under age 16, the defendant shall be punished by imprisonment in the state prison for not more than 15 years.
A defendant who is convicted of Kidnapping offense that was committed while armed with a firearm, rifle, shotgun, or machine gun or assault weapon shall be imprisoned in state prison for not less than 10 years or in a house of correction for not more than 2 ½ years. If the Kidnapping was committed while armed and with the Intent to Extort, the defendant shall be imprisoned in the state prison for life or for any term of years, but not less than 20 years.
A defendant who is convicted of a Kidnapping offense while armed with a dangerous weapon and inflicts serious bodily injury upon another person or sexually assaults such person shall be punished by imprisonment in state prison for not less than 25 years.
If you have been charged with a kidnapping offense and need experienced Massachusetts Criminal Attorneys call (508) 213-9113 to schedule a free consultation with the Criminal Attorneys at the Law Office of John L. Calcagni III.
