The crime of Kidnapping is defined and codified by the Nevada Revised Statutes, specifically NRS 200.310. The law is broadly defined and easily misapplied by arresting police officers. Kidnapping is categorized into two different degrees, which we have broken down and paraphrased to be more easily understood.
A Category “A” Felony Kidnapping is defined as any person who:
A Category “A” Felony Kidnapping is also defined as a person who:
A Category “B” Felony Kidnapping is much more broadly defined:
Kidnapping, whether charged as a category “A” or “B” felony, is a very serious charge. If convicted, penalties can range from 2-15 years in prison (for a “B” felony) up to life without the possibility of parole (for a “A” felony). The exact penalty ranges are as follows:
Where the kidnapped person suffers substantial bodily harm, by imprisonment in the state prison:
(a) For life without the possibility of parole;
(b) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 15 years has been served; or
(c) For a definite term of 40 years, with eligibility for parole beginning when a minimum of 15 years has been served.
2. Where the kidnapped person suffers no substantial bodily harm as a result of the kidnapping, by imprisonment in the state prison:
(a) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 5 years has been served; or
(b) 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 Category B Kidnapping shall be punished by:
MOVEMENT OF THE VICTIM – If your defense lawyer can show that the alleged victim wasn’t moved at all during the incident in question, then the prosecution will not be able to prove that a kidnapping took place.
CONSENT – If the alleged victim was over the age of 18, and consented to being moved without being threatened or tricked in some way, then an act of kidnapping did not take place.
INTENT – You cannot be found guilty of kidnapping unless the prosecution can prove beyond a reasonable doubt that the actions that you are being charged for were intentionally committed. If your defense attorney can cast doubt on whether or not you acted willfully, you will not be convicted of kidnapping.
LACK OF EVIDENCE – As in any criminal case, the State’s burden requires that the prosecution prove beyond a reasonable doubt every element of the charges against you. What this means is that if your criminal defense attorney can cast enough doubt on any single element of the charges against you, then your case should be dismissed. This can be done in any number of ways, such as highlighting holes in the alleged victim’s story against you, presenting the prosecutor an alibi or other exonerating evidence, alleging that the victim has a motive to lie or exaggerate, etc.
If you or someone you know has been charged with Kidnapping in Southern Nevada, do not hesitate. Call the Law Office of Boley & AlDabbagh today and schedule your free consultation. The penalties are too severe to risk going it alone.