Kidnapping

For other uses, see Kidnapping (disambiguation).

El Malón, Johann Moritz Rugendas (1802-1858). The painting depicts a woman being kidnapped during a malón.

In criminal law, kidnapping is the taking away or transportation of a person against the person's will, usually to hold the person in false imprisonment, a confinement without legal authority. This may be done for ransom or in furtherance of another crime, or in connection with a child custody dispute.

In some countries such as the United States a large number of child abductions arise after separation or divorce when one parent wishes to keep a child against the will of the other or against a court order. In these cases, it is not considered kidnap if the child, being competent, agrees.

Kidnapping versus abduction

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English Common Law

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

1. that one person takes another person away;
2. by force or fraud;
3. without the consent of the person taken; and
4. without lawful excuse.

It invariably includes committing false imprisonment, which is the common-law offence of intentionally or recklessly detaining the victim without lawful authority. The use of force to take and detain will also be regarded as an assault, and other, related offences may also be committed before, during, or after the detention.

There are various rules that stop prosecutions being brought too easily. e.g. The Director of Public Prosecution's consent is required for a prosecution against a person "connected with" an abducted child under the age of 16.

Alongside murder, kidnapping is the last significant offence under the common law which has yet to be codified into statute.

The United States

Law in the United States follows from English common law. Following the highly publicized 1932 Lindbergh kidnapping, Congress authorized the FBI to investigate kidnapping at a time when the Bureau was expanding in size and authority. The fact that a kidnapped victim may have been taken across state lines brings the crime within the ambit of federal criminal law.

Most states recognize different types of kidnapping and punish accordingly. e.g. New York bases its definition of first-degree kidnapping on the duration and purpose. There are several deterrents to kidnapping in the United States of America. Among these are:

1. The extreme logistical challenges involved in successfully exchanging the money for the return of the victim without being apprehended or surveiled.
2. Harsh punishment. Convicted kidnappers face lengthy prison terms. If a victim is brought across state lines, federal charges can be laid as well.
3. Good cooperation and information sharing between law enforcement agencies, and tools for spreading information to the public (such as the AMBER Alert system. )

In 2010 the United States was ranked sixth in the world for kidnapping for ransom, according to the available statistics (after Colombia, Italy, Lebanon, Peru, and the Philippines).

Phoenix, Arizona is the kidnapping capital of America. With 370 cases in 2010, Phoenix is ranked second in the world (ranked first is Mexico City.)

One notorious failed example of kidnap for ransom was the 1976 Chowchilla bus kidnapping, in which 26 children were abducted with the intention of bringing in a $5 million ransom. The children and driver escaped from an underground van without the aid of law enforcement.

According to the department of justice kidnapping makes up 2% of all reported violent crimes against juveniles.

According to a 2003 Domestic Violence Report in Colorado, out of a survey of 189 incidents, most people (usually white females) are taken from their homes or residence by a present or former spouse or significant other. They are usually taken by force, not by weapon, and usually the victims are not injured when they are freed.

Named forms

• Bride kidnapping is a term often applied loosely, to include any bride 'abducted' against the will of her parents, even if she is willing to marry the 'abductor'. It still is traditional amongst certain nomadic peoples of Central Asia. It has seen a resurgence in Kyrgyzstan since the fall of the Soviet Union and the subsequent erosion of women's rights.
• Child abduction is the abduction or kidnapping of a child (or baby) by an older person.
• Express kidnapping is a method of abduction used in some countries, mainly from Latin America, where a small ransom, that a company or family can easily pay, is demanded.
• Tiger kidnapping is taking a hostage to make a loved one or associate of the victim do something, e.g. a child is taken hostage to force the shopkeeper to open the safe. The term originates from the usually long preceding observation, like a tiger does on the prowl.

Statistics

Global Kidnapping hot-spots

	1999	2006
1	Colombia	Mexico
2	Mexico	Iraq
3	Brazil	India
4	Philippines	South Africa
5	Venezuela	Brazil
6	Ecuador	Pakistan
7	Former Soviet Union	Ecuador
8	Nigeria	Venezuela
9	India	Colombia
10	South Africa	Bangladesh

Kidnapping for ransom is a common occurrence in various parts of the world today, and certain cities and countries are often described as the "Kidnapping Capital of the World." As of 2007, that title belongs to Iraq with possibly 1,500 foreigners kidnapped. In 2004, it was Mexico, and in 2001, it was Colombia. Statistics are harder to come by. Reports suggest a world total of 12,500-25,500/year with 3,600/year in Colombia and 3,000/year in Mexico around the year 2000. However by 2006, the number of kidnappings in Colombia had declined to 687 and it continues to decline. Mexican numbers are hard to confirm because of fears of police involvement in kidnapping. "Kidnapping seems to flourish particularly in fragile states and conflict countries, as politically motivated militias, organized crime and the drugs mafia fill the vacuum left by government."

In 2009, the Los Angeles Times named Phoenix, Arizona as America's kidnapping capital, reporting that every year hundreds of ransom kidnappings occur there, virtually all within the underworld associated with human and drug smuggling from Mexico, and often done as a way of collecting unpaid debts.

In the United States, 203,900 children were reported as the victims of family abductions and 58,200 of non-family abductions. However only 115 were the result of "stereotypical" kidnaps (by someone unknown or of slight acquaintance to the child, held permanently or for ransom).

In the past, and presently in some parts of the world (such as southern Sudan), kidnapping is a common means used to obtain slaves and money through ransom. In less recent times, kidnapping in the form of shanghaiing (or "pressganging") men was used to supply merchant ships in the 19th century with sailors, whom the law considered unfree labour.

Kidnapping on the high seas in connection with piracy has been increasing. It was reported that 661 crewmembers were taken hostage and 12 kidnapped in the first 9 months of 2009.

Criminal gangs are estimated to make up to $500 million a year in ransom payments from kidnapping.

Kidnapping has been identified as one source by which terrorists organizations have been known to obtain funding. The Perri, Lichtenwald and MacKenzie article identified Tiger kidnapping as a specific method used by a known terrorist organization, although which terrorist cell conducted the intelligence gathering, which terrorist cell made direct contact, and which terrorist cells shared in the profit prior to forwarding the monies obtained from the kidnapping up to the top organization members is not known for certain.

See also

• Extraordinary rendition
• Federal Kidnapping Act
• Fetal abduction
• Forced disappearance
• Hostage
• Human trafficking
• International child abduction
• Kidnap and ransom insurance
• Kidnappings in Colombia
• List of kidnappings
• Stockholm syndrome is a term used to describe the relationship a hostage can build with their kidnapper.

References

• Damien Lewis; Mende Nazer (2003). Slave. New York: Public Affairs. p. 368. ISBN 1-58648-212-2.{{cite book}}: CS1 maint: multiple names: authors list (link)

External links

• Snatched: Notorious Kidnappings — slideshow by Life magazine
• Insight News documentary: China's Kidnapped Wives
• Court TV's - Criminal Psychology of child abduction
• Kidnap and Ransom activities around the world: Havocscope Black Market