In Alabama kidnapping can be both a state or federal crime.
Kidnapping is only classified in Alabama using two degrees. The less severe offense, kidnapping in the second degree, is a Class B felony governed by §13A-6-44. Under this statute, a person commits the crime of kidnapping in the second degree when the offender abducts another person with intent to use or threaten to use deadly force. The statute does not apply when the accused offender is a relative of the abductee, or merely has the purpose of assuming lawful control over that person, such as a minor child.
Kidnapping in the second degree carries a punishment of 2-20 years’ imprisonment. The offense is raised to kidnapping in the first degree when the offender has the intent to either (1) hold the abductee for ransom; (2) use the abductee as a shield or hostage; (3) accomplish or aid another felony; (4) physically injure the abductee; (5) terrorize the abductee or a third person; or (6) interfere with political or governmental function. If the victim is voluntarily released to a safe location, and the victim is alive and uninjured, then the crime cannot be classified as kidnapping in the first degree.
Kidnapping in the first degree is categorized as a Class A felony, raising the subsequent sentence to 10-99 years’ imprisonment. There are several possible lesser included offenses of kidnapping, depending on the circumstances. These offenses include assault, menacing, and unlawful imprisonment. The elements of kidnapping are explained in the case of United States v. Dobbs, with the Court finding that to “abduct” means to restrain another person with intent to prevent that person’s liberation. The Court found that threats and intimidation were sufficient to constitute restraint.
If you are charged with kidnapping in Alabama, contact Ingram Law LLC or Joseph A. Ingram at joeingramlaw.com or 205-335-2640. Get Relief Get Results.