Kidnapping is the crime of taking a person against their will to an undisclosed location. This may be done for ransom or in furtherance of another crime, or in connection with a child custody dispute. Nevada laws classify kidnapping into two categories: first degree and second degree.
First Degree Kidnapping
Under NRS 200.310 first degree kidnapping occurs when someone “willfully seizes, confines, inveigles, entices, decoys, abducts, conceals, kidnaps or carries away a person” with the intent to:
- Kill them or inflict bodily harm
- Commit sexual assault
- Commit robbery
- Extort money out of family and relatives for the return of the person
Under Nevada law you will not be convicted of both robbery and first degree kidnapping if moving the victim was incidental to the robbery or if the victim’s risk of harm was not increased.
Second Degree Kidnapping
Under Nevada law, first and second degree kidnapping has the same elements. The difference is that second degree kidnapping is a Category B felony, whereas first degree kidnapping is a Category A felony.
Child Custody Kidnapping
Child Custody Kidnapping is laid out in NRS 200.359 and it is considered a category D felony in Nevada. Basically child custody kidnapping occurs when a parent or someone with custodial rights allegedly kidnaps their own child.
It is possible for relatives to be accused of kidnapping a child, not just the child’s biological parents. Even if the child went willingly with the parent or relative, it could still be considered kidnapping.
HOW MUCH TIME CAN I GET FOR A KIDNAPPING OFFENSE?
When determining the harshness of the final sentence, the judge or jury takes into account whether you are found guilty of First Degree Kidnapping, Second Degree Kidnapping or Child Custody Kidnapping as well as if the victim was injured as a result of the kidnapping.
First Degree Kidnapping
Category A felony shall be punished:
- by imprisonment in the 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.
Where the kidnaped person suffers no substantial bodily harm as a result of the kidnapping the punishment shall be by imprisonment in the 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.
Second degree Kidnapping
A person convicted of kidnapping in the second degree is guilty of a category B felony
- imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years
- up to $15,000 in fines
Aiding and Abetting Kidnapping
A person who aids and abets kidnapping in the first degree is guilty of a category A felony and shall be punished for kidnapping in the first degree as provided in NRS 200.320. Moreover, a person who aids and abets kidnapping in the second degree is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years.
Child Custody Kidnapping
The penalty for the Category D felony is:
- 1-4 years in prison
- up to $5,000 in fines
A conviction for child custody kidnapping can have long term affects in family law court. If you are fighting for child custody and get a criminal conviction for kidnapping your child, the family court may severely limit visitation and your future custody rights to your child.
Kidnapping with the use of a Deadly Weapon
If you are charged with kidnapping, the penalties for first or second degree kidnapping apply. However if you used a weapon while you were committing the kidnapping, it increases the penalty for kidnapping. A judge may impose an additional 1-20 years in prison when a firearm is used in the commission of a kidnapping.
EXPERIENCED KIDNAPPING DEFENSE ATTORNEY
If you have been arrested for or charged with kidnapping, seek the counsel of a Reno criminal defense attorney with experience fighting Nevada kidnapping and violence related cases. We have successfully defended hundreds of similar cases.
There are numerous defenses for kidnapping, including lack of intent, consent, and insufficient evidence. Lee knows all the defenses and can help you get the charges dismissed and can help you get the charges dismissed or reduced to a lesser offense like false imprisonment.
If you have been arrested for kidnapping, you deserve an experienced criminal defense attorney who will personally handle your case. Call Reno Nevada Law attorney Lee Hotchkin (775) 786-5791 – it’s what we do!