NRS 200.310 - Nevada "Kidnapping" Law

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.

KIDNAPPING DEFINED

A Category “A” Felony Kidnapping is defined as any person who:

1. willfully seizes, confines… entices…abducts, conceals, kidnaps or carries away a person by any means whatsoever with the intent to hold or detain, or
2. who holds or detains…the person for ransom… OR for the purpose of committing sexual assault, extortion or robbery… OR for the purpose of killing the person or inflicting substantial bodily harm upon the person, OR to exact ‘money’ from any other person..for the return of the kidnapped person…
3. is guilty of kidnapping in the first degree which is a category A felony.

A Category “A” Felony Kidnapping is also defined as a person who:

1. leads, takes, entices, or carries away or detains any minor …
2. with the intent to keep, imprison, or confine the minor from … any person having lawful custody of the minor, OR
3. with the intent to hold the minor to unlawful service, or perpetrate upon the person of the minor any unlawful act
4. is guilty of kidnapping in the first degree which is a category A felony.

A Category “B” Felony Kidnapping is much more broadly defined:

1. A 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
2. for the purpose of conveying the person out of the State without authority of law, OR
3. in any manner held to service or detained against the person’s will,
4. is guilty of kidnapping in the second degree which is a category B felony.

KIDNAPPING PENALTIES

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:

Category A Kidnapping Penalties:

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.

Category B Kidnapping Penalties:

A person convicted of Category B Kidnapping shall be punished by:

1. imprisonment in the state prison for a minimum of 2 years and a maximum of 15 years, and
2. a fine of up to $15,000.

KIDNAPPING DEFENSES

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.