Aggravated Kidnapping

Kidnapping with the extra element, such as kidnapping of a child, kidnapping for ransom, kidnapping in order to force the victim to commit a crime, kidnapping for the purpose of sexually abusing the victim, etc.

“The essence of aggravated kidnapping is the increase in the risk of harm to the victim caused by the forced movement. We have articulated various circumstances the jury should consider, such as whether the movement decreases the likelihood of detection, increases the danger inherent in a victim’s foreseeable attempts to escape, or enhances the attacker’s opportunity to commit additional crimes.” People v. Dominguez, 39 Cal.4th 1141 (2006).

REFERENCE DESK

California Criminal Jury Instruction No. 3175 (Revised): 

To prove this aggravated kidnapping, the People must prove that:

1. The defendant took, held, or detained the victim by the use of force or by instilling reasonable fear;

2. Using that force or fear, the defendant moved the victim or made the victim move a substantial distance;

3. The movement of the victim substantially increased the risk of harm to the victim beyond that necessarily present in the offense of kidnapping;

4. The victim did not consent to the movement;

5. The defendant did not actually and reasonably believe that the victim consented to the movement.

Substantial distance means more than a slight or trivial distance. The movement must be more than merely incidental to the commission of kidnapping. In deciding whether the distance was substantial and whether the movement substantially increased the risk of harm, you must consider all the circumstances relating to the movement. The People have the burden of proving each allegation beyond a reasonable doubt. If the People have not met this burden, you must find that the allegation has not been proved.

State v. White, 362 S.W.3d 559 (Ten. 2012):

Aggravated kidnapping is a false imprisonment committed:

(1) To facilitate the commission of any felony or flight thereafter;

(2) To interfere with the performance of any governmental or political function;

(3) With the intent to inflict serious bodily injury on or to terrorize the victim or another;

(4) Where the victim suffers bodily injury; or

(5) While the defendant is in possession of a deadly weapon or threatens the use of a deadly weapon.

Aggravated kidnapping is a Class B felony, although if the offender voluntarily releases the victim alive or voluntarily provides information leading to the victim’s safe release, such actions shall be considered by the court as a mitigating factor at the time of sentencing. Especially aggravated kidnapping, the most serious of the kidnapping offenses, is a false imprisonment

(1) Accomplished with a deadly weapon or by display of any article used or fashioned to lead the victim to reasonably believe it to be a deadly weapon;

(2) Where the victim was under the age of thirteen (13) at the time of the removal or confinement;

(3) Committed to hold the victim for ransom or reward, or as a shield or hostage; or

(4) Where the victim suffers serious bodily injury.