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Kidnapping Laws

What is kidnapping?

When a person is taken away by someone without his/her consent and is held in false imprisonment without any legal reason or authority, it is called kidnapping. Most of the times people are kidnapped either for ransom or due to child custody issues. Read below where Experts have answered many questions due to the kidnapping laws.

What is the statute of limitations on kidnapping in Tennessee?

There may be no statute of limitations in Tennessee for a criminal prosecution as it is considered to be a capital offense. The statute is 1 year in the case of a civil claim.

What is the punishment for aggravated kidnapping?

Aggravated kidnapping is considered to be a felony. An individual charged with this offense may face imprisonment in the institutional division for life. The individual may also have to pay a fine of $10,000.

Would it be considered kidnapping if a minor was taken across the state by someone who does not have the legal right to do so?

If an individual takes a minor across the state border without a legal right, it may be classified as federal kidnapping. Whether the minor agreed to go with the person or not would not have any effect on the charges.

Can a kidnapped person drop the charges filed against the accused?

In most situations, the kidnapped person may not be able to drop the charges against the accused. The district attorney alone may be able to take this decision. However, most of the times the charges may be dropped and the case dismissed if the witness does not appear in court on the day of the hearing.

Would the parent of a minor child be charged with kidnapping if he/she took his/her child out of the state?

In the absence of a court order that states who may keep the child and what the rights of the parents are, any parent may take the child out of state. He/she may not be charged with kidnapping for doing so.

Can a person appeal a kidnapping case if they were accused wrongly by another individual?

If an individual wants to appeal a wrong kidnapping charge, they may have to appeal the case in court and prove that the other individual made a false accusation. If the court accepts his/her appeal and he/she wins it, then the charges may be dismissed.

Would an individual be charged of kidnapping if he/she was present at the scene when the crime took place?

An individual may not be charged with kidnapping just because he/she was present at the place when the crime occurred. However, if he/she helped in the kidnapping, then he/she may be charged.

Kidnapping may be considered to be both a criminal as well as civil offense in most parts of USA. A person thus charged, may be tried and punished depending on his/her situation and the laws of his/her state. It can be easy for you to either file charges against someone or defend yourself if you are charged if you understand what constitutes kidnapping and know the laws related to it. You may take the help of an Expert if you do not understand any of these laws or have any further questions.
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