Shreveport, LA Criminal Defense: Defending Charges of Kidnapping (Adult)
Kidnapping is a crime in Louisiana. It is a stand-alone crime and is often an aggravating factor for sentencing when coupled with other crimes like murder, rape, assault, and battery with a dangerous weapon, etc. Generally speaking, kidnapping is the taking of someone, forcibly and without consent, from one place to another. If you have been arrested or are being investigated for alleged identity theft, contact a top-tier and experienced Shreveport kidnapping criminal defense attorney here at the Law Offices of Philip B. Adams. Our offices are in Shreveport, Louisiana.
In Louisiana, there are several forms of kidnapping that are criminalized, many related to child kidnapping. This article will focus on the kidnapping of adults. The basic crime of kidnapping in Louisiana is called "simple kidnapping." See La. R. Stat., §14-45. The legal elements that must be proven by the prosecuting attorneys are
Intentional and
Forcible seizing and
Carrying from one place to another
Of a person
Without his or her consent
If convicted of kidnapping, a person faces punishments of up to five years in prison and/or a fine of up to $5,000.
From the foregoing, potential defenses to the charges of kidnapping in Louisiana involve challenging the various elements. Thus, in some cases, consent may be a defense if it can be shown that the alleged victim agreed to be "carried from one place to another." Note that, generally, if a child is the alleged victim -- a person under the age of 18 -- consent will not be a defense. Other defenses might include lack of intent, no forcible taking or seizing, and/or no carrying of the person from place to place. Other defenses might include more general defenses like alibi, mistake, accident, failure of proof, violations of police and constitutional procedures, etc.
Another level of kidnapping -- a more severe crime -- is called second-degree kidnapping. La. R. Stat., §14-44.1. Second-degree kidnapping can be charged for any of the following actions:
(1) The forcible seizing and carrying of any person from one place to another
(2) The enticing or persuading of any person to go from one place to another
(3) The imprisoning or forcible secreting of any person
(4) The forcible seizing of any corrections officer or any other official or employee of an adult or juvenile correctional or detention facility for any period of time whatsoever
AND where the victim is any of the following:
(1) Used as a shield or hostage
(2) Used to facilitate the commission of a felony or the flight after an attempt to commit or the commission of a felony
(3) Physically injured or sexually abused
(4) Imprisoned or kidnapped for seventy-two or more hours
(5) Imprisoned or kidnapped when the offender is armed with a dangerous weapon or leads the victim to reasonably believe he is armed with a dangerous weapon
(6) Used to facilitate the commission of a simple escape or an aggravated escape, including a simple escape or aggravated escape from either an adult or juvenile correctional or detention facility
If convicted, a person faces from five to forty years in prison at hard labor without the benefit of parole, probation, or suspension of sentence for the first two years.
The most severe form of kidnapping is called aggravated kidnapping. La. R. Stat., §14-44. Essentially, this form of kidnapping is like hostage-taking with a demand for payment (or something of value) in exchange for the release of the victim. Being convicted of aggravated kidnapping is punished by a term of life imprisonment at hard labor without the benefit of parole, probation, or suspension of sentence.
Contact A Louisiana Criminal Defense Attorney Today
For more information, contact the Law Offices of Philip B. Adams today. We are top-rated, relentless, and aggressive Louisiana criminal defense lawyers. Complete our "Contact Us" page here. You may significantly benefit by having an attorney with legal competence and experience assist you with your Louisiana criminal case. We have offices in Shreveport and handle criminal defense cases throughout all of Louisiana.