WHAT IS KIDNAPPING?

Under  NRS 200.310, kidnapping is broken down under two degrees, first degree kidnapping and second degree kidnapping. While both can have serious consequences in the future, first degree kidnapping is much more severe and has many more consequences than second degree kidnapping.

FIRST DEGREE KIDNAPPING:

NRS 200.320 describes first degree kidnapping as an act by any person “who willfully seizes, confines, inveigles, entices, decoys, abducts, conceals, kidnaps or carries away a person by any means whatsoever with the intent to hold or detain, or who holds or detains, the person for ransom, or reward, or for the purpose of committing sexual assault, extortion or robbery upon or from the person, or for the purpose of killing the person or inflicting substantial bodily harm upon the person…”

In simpler terms, kidnapping is the act of detaining or restraining an individual for the purpose of collecting a ransom of money, committing sexual assault or killing or inflicting substantial bodily harm upon the individual.

SECOND DEGREE KIDNAPPING:

Kidnapping in the second degree is defined by NRS 200.320 as an act by any person who willfully and without authority of law seizes, inveigles, takes, carries away or kidnaps another person with the intent to keep the person secretly imprisoned within the State, or for the purpose of conveying the person out of the State without authority of law, or in any manner held to service or detained against the person’s will"

PENALTIES FOR KIDNAPPING CHARGES IN LAS VEGAS:

A person convicted of kidnapping in the first degree is guilty of a category A felony and shall be punished:

If the victim sustained bodily harm or injury, the convicted person will be imprisoned in a state prison:

  • For life without the possibility of parole;

  • For life with the possibility of parole, with eligibility for parole beginning when a minimum of 15 years has been served; or

  • For a definite term of 40 years, with eligibility for parole beginning when a minimum of 15 years has been served.

If the victim sustained no bodily harm or injury, the convicted person will be imprisoned in a state prison:

  • For life with the possibility of parole, with eligibility for parole beginning when a minimum of 5 years has been served; or

  • For a definite term of 15 years, with eligibility for parole beginning when a minimum of 5 years has been served.

A person convicted of kidnapping in the second degree is guilty of a category B felony and shall be punished:

  • A minimum term of not less than 2 years and a maximum term of not more than 15 years in a state prison and,

  • A possible fine of not more than $15,000.

A person convicted of kidnapping with use of a deadly weapon will be punished an additional sentence of 1-20 years in a state prison. 

CHILD CUSTODY KIDNAPPING:

NRS 200.359 states that it is illegal for a parent or legal guardian to conceal or remove a child from the person having lawful custody without consent of the other parent or written permission by the court. If you illegally conceal or remove your child from the other parent, you are guilty of a category D felony and will be punished:

  • A minimum term of 1 year and a maximum term of 4 years in a state prison; and

  • A possible fine of not more than $5,000.

DEFENSES TO KIDNAPPING CHARGES IN LAS VEGAS:

  • Consent of the victim. If the victim consented to being taken from one place to another, this does not constitute kidnapping.

  • Lawful taking. If the defendant had legal authority to take the victim, such as a court ordered custody agreement, this does not constitute kidnapping. 

Due to the severity of kidnapping charges, it is vital that you contact a qualified attorney. Adrian Lobo is an experienced Las Vegas criminal defense attorney who has dealt with several kidnapping cases and has helped clients get the help and results they deserve. Contact Adrian Lobo today and schedule a consultation in order to discuss your kidnapping charges.