Need help to stop dispute...

[travis86b]

Me and My room-mate recently viewed the Movie John Q. with Denzel Washington. A question came up between us:

Situation: An armed suspect took hostages.

Questions: In a court of law what would the suspect be charged with: False Impresonment or kidnaping, or both.

West bussiness law defination for False Impresonment: Is the intentional confinement or restraint of another person's activites with out justification. It involve interference with the freedom to move with out restrictions. The confinment can be accomplished through the use of physical barriers, physical restraint, or threats of physical force.

From an online Dictionay the defination for Kidnaping: An act or instance or the crime of seizing, confining, inveigling, abducting, or carrying away a person by force or fraud often with a demand for ransom or in furtherance of another crime

Thanks in Advanced...

[mcsap]

False Imprisonment would fly , Kidnapping would not. OUR state requires that the actor remove the victim a substantial distance for the kidnapping charge. Other possible charges would include, Terroristic Threats, Disorderly Conduct, Recklessly Endangering, Criminal Mischief ( a felony if he causes monetaty loss in excess of 5 grand-this includes profits that the hospital lost due to patients that couldn't be treated)

[travis86b]

"False Imprisonment would fly , Kidnapping would not. OUR state requires that the actor remove the victim a substantial distance for the kidnapping charge."

Is This in all states? Or just some?

[mcsap]

Don't know, EACH state has their own laws, regulations, requirements etc. It is enough for me to keep current on my states laws much less anyone elses.

If I were to go to work for a PD in New Jersey tomorrow, I would be lost on how to enforce most any law properly.

[Babysmamadrama]

"False Imprisonment would fly , Kidnapping would not. OUR state requires that the actor remove the victim a substantial distance for the kidnapping charge."

Is This in all states? Or just some?

Missouri the same.

[corporal716]

"False Imprisonment would fly , Kidnapping would not. OUR state requires that the actor remove the victim a substantial distance for the kidnapping charge."

Is This in all states? Or just some?

Same in California, you have to move the victim to have kidnapping.

[txinvestigator1]

In Texas we would have Aggravated Kidnapping

First a definition from the Texas Penal Code;

20.01 (2)
(2) "Abduct" means to restrain a person with intent to
prevent his liberation by:

(A) secreting or holding him in a place where he is not
likely to be found; or

(B) using or threatening to use deadly force.


Now the elements of the crime;


Text
§20.04. Aggravated kidnapping.

(a) A person commits an offense if he intentionally or
knowingly abducts another person with the intent to:

(1) hold him for ransom or reward;

(2) use him as a shield or hostage;

(3) facilitate the commission of a felony or the flight after
the attempt or commission of a felony;

(4) inflict bodily injury on him or violate or abuse him sexually;

(5) terrorize him or a third person; or

(6) interfere with the performance of any governmental or
political function.

(b) A person commits an offense if the person intentionally
or knowingly abducts another person and uses or exhibits a deadly
weapon during the commission of the offense.

So I guess it depends on which state the offense occurs.

[travis86b]

Thanks for clearing that up for me and My room-mate! Now we can argue about other things!

[Drew27k9]

In a court of law what would the suspect be charged with: False Impresonment or kidnaping, or both.

Well here is Pa. law on the two charges that you mentioned.

§ 2901. Kidnapping.

(a) Offense defined.--A person is guilty of kidnapping if he unlawfully removes another a substantial distance under the circumstances from the place where he is found, or if he unlawfully confines another for a substantial period in a place of isolation, with any of the following intentions:

1-To hold for ransom or reward, or as a shield or hostage.
2-To facilitate commission of any felony or flight thereafter.
3-To inflict bodily injury on or to terrorize the victim or another.
4-To interfere with the performance by public officials of any governmental or political function.

§ 2903. False imprisonment.

(a) Offense defined.--A person commits an offense if he knowingly restrains another unlawfully so as to interfere substantially with his liberty


In my opionion, he would be charged with both. Under the kidnapping charge, he would fall under subsection (a) 1,2, & 3