Kidnapping

In criminal law, kidnapping is the abduction or unlawful transportation of a person, usually to hold the person against his or her will. This may be done for ransom, in furtherance of another crime, or in connection with a child custody dispute.

that does not result in a homicide is a hybrid offence that comes with a maximum possible penalty of life imprisonment (18 months if tried summarily). A murder that results from kidnapping is classified as 1st-degree, with a sentence of life imprisonment that results from conviction (the mandatory penalty for murder under Canadian law).

Article 282 prohibits hostaging (and kidnapping is a kind of hostaging).

Kidnapping is an offence under the common law of England and Wales.

In R v D, Lord Brandon said:

First, the nature of the offence is an attack on, and infringement of, the personal liberty of an individual. Secondly, the offence contains four ingredients as follows: (1) the taking or carrying away of one person by another; (2) by force or fraud; (3) without the consent of the person so taken or carried away; and (4) without lawful excuse.

The following cases are relevant

Kidnapping of children

In all cases where it is alleged that a child has been kidnapped, it is the absence of the consent of that child which is material. This is the case regardless of the age of the child. A very small child will not have the understanding or intelligence to consent. This means that absence of consent will be a necessary inference from the age of the child. It is a question of fact for the jury whether an older child has sufficient understanding and intelligence to consent. Lord Brandon said:

I should not expect a jury to find at all frequently that a child under fourteen had sufficient understanding and intelligence to give its consent.

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