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*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

In modern usage, kidnapping or abduction of a child is often called child stealing and parental kidnapping, particularly when done not to collect a ransom but rather with the intention of keeping the child permanently (often in a case where the child's parents are divorced or legally separated, whereupon the parent who does not have legal custody will commit the act, also known as "childnapping").

Child abduction can refer to children being taken away without their parents' consent but with the consent of the child. In England and Wales, it is child abduction to take away a child under the age of 16 without parental consent.

However the offense of kidnap in the case of a competent minor requires the absence of consent from the minor. This means that a parent commits kidnapping if he takes the child against its will but if a 3rd party takes the child away from the parents with the child's consent the 3rd party does not commit the offense of kidnapping.^[1]

WHATEVER

^ Regina Appellant v D Respondent [1984] A.C. 778

[1] Regina Appellant v D Respondent [1984] A.C. 778

[1]

@@ Line 14: / Line 14: @@
 However the offense of kidnap in the case of a competent minor requires the absence of consent from the minor. This means that a parent commits kidnapping if he takes the child against its will but if a 3rd party takes the child away from the parents with the child's consent the 3rd party does not commit the offense of kidnapping.<ref>Regina Appellant v D Respondent [1984] A.C. 778</ref>
+WHATEVER
-==English Common Law==
-Kidnapping is an [[Common law offence|offence under the common law]] of [[England and Wales]] requiring:
-# that one person takes another person away;
-# by [[force (law)|force]] or [[fraud]];
-# without the consent of the person taken; and
-# without [[lawful excuse]].<ref>[http://www.freelegaladvicehelp.com/criminal-lawyer/kidnapping/Punishments-For-Kidnapping.html Legal advice website]</ref>
-It invariably includes committing false imprisonment, which is the common-law offence of [[intention (criminal law)|intentionally]] or [[recklessness (law)|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.<ref>
-{{cite news|publisher=The Times|title=The Law Explored: abduction and false imprisonment|author=Gary Slapper|date=23 Aug 2007|accessdate=2011-01-09}}</ref>
-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]], [[US Congress|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.
-<ref>{{cite book|title=West's Encyclopedia of American Law, edition 2|author=The Gale Group|year=2008|url=http://legal-dictionary.thefreedictionary.com/kidnapping|accessdate=2011-01-09}}</ref>
-There are several deterrents to kidnapping in the United States of America. Among these are:
-#The extreme logistical challenges involved in successfully exchanging the money for the return of the victim without being apprehended or surveiled.
-#Harsh punishment. Convicted kidnappers face lengthy prison terms. If a victim is brought across state lines, federal charges can be laid as well.
-#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).<ref>[Business Horizons. FindArticles.com. 14 May 2011. http://findarticles.com/p/articles/mi_m1038/is_n3_v33/ai_9114855/]</ref>
-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.)<ref name="project.org">[http://www.project.org/info.php?recordID=158]</ref>
-One notorious failed example of kidnap for ransom was the 1976 [[Chowchilla, California#1976 bus kidnapping|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.<ref>[http://www.crimelibrary.com/gangsters_outlaws/outlaws/chowchilla_kidnap/index.html Chowchilla kidnap, Crime Library website]</ref>
-According to the department of justice kidnapping makes up 2% of all reported violent crimes against juveniles.<ref name="project.org"/>
-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 (philosophy)|will]] of her parents, even if she is willing to marry the 'abductor'. It still is traditional amongst certain [[nomad]]ic 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.<ref>[http://www.channel4.com/more4/documentaries/doc-feature.jsp?id=6&pageParam=2 'Bride Kidnapping' - a [[Channel 4]] documentary]</ref>
-*[[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]],<ref>Garcia Jr, Juan A. [http://www.thepanamanews.com/pn/v_12/issue_14/business_05.html "Express kidnappings"] accessed December 7, 2006</ref> 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 ==
-{{Ref improve section|date=January 2010}}
-{|style="float: right;" border="1" cellspacing="0"
-|+ '''Global Kidnapping hot-spots'''
-! &nbsp; !!1999<ref>
-{{cite journal|author=Rachel Briggs|title=The Kidnapping Business|year=2001|month=Nov|journal=Guild of Security Controllers Newsletter|url=http://fpc.org.uk/articles/115|accessdate=2011-01-10}}</ref> !! 2006<ref name=paxchristi>{{cite web|url=http://www.eisf.eu/resources/library/Kidnappingbooming.pdf|title=Kidnapping is a booming business|author=IKV Pax Christi|year=2008|month=July|accessdate=2011-01-10}}</ref>
-|-
-| 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.<ref>[http://www.counterpunch.org/cockburn09302004.html Counterpunch.org]</ref><ref>[http://www.ncciraq.org/index.php?option=com_content&task=view&id=18&Itemid=17 NGO Coordination committee for Iraq]</ref> In 2004, it was [[Mexico]],<ref>[http://www.highbeam.com/doc/1P2-1873798.html Highbeam.com]</ref> and in 2001, it was [[Colombia]].<ref>[http://news.bbc.co.uk/2/hi/americas/1410316.stm news.bbc.co.uk BBC News]</ref> 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.<ref>
-{{cite web|title=Facts about Kidnapping|url=http://www.freelegaladvicehelp.com/criminal-lawyer/kidnapping/Facts-About-Kidnapping.html|publisher=Free Legal Advice|accessdate=2011-01-09}}</ref>
-However by 2006, the number of kidnappings in Colombia had declined to 687 and it continues to decline.<ref>[http://www.paislibre.org/images/PDF/secuestroestadisticasgenerales%202006%20org.pdf Estadisticos Secuestrado a 2006]</ref>
-Mexican numbers are hard to confirm because of fears of police involvement in kidnapping.<ref>
-{{cite news|url=http://www.latimes.com/news/nationworld/world/la-fg-mexkidnap5-2008aug05,0,5466136.story|title=Mexican police linked to rising kidnappings|publisher=LA Times|date=Aug 5,2008|accessdate=2011-01-10}}</ref>
-"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."<ref name=paxchristi />
-In 2009, the Los Angeles Times named [[Phoenix, Arizona]]<ref>[http://www.latimes.com/news/nationworld/world/latinamerica/la-na-drug-kidnappings12-2009feb12,0,544773.story Phoenix, kidnap-for-ransom capital]</ref> 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{{When|date=May 2011}}. However only 115 were the result of "stereotypical" kidnaps (by someone unknown or of slight acquaintance to the child, held permanently or for ransom).<ref>
-{{cite web|url=http://www.missingkids.com/missingkids/servlet/PageServlet?LanguageCountry=en_US&PageId=2810|title=Statistics: Missing children|publisher=National Center for Missing and Exploited Children|accessdate=2010-01-09}}</ref>
-In the past, and presently in some parts of the world (such as southern [[Sudan]]), kidnapping is a common means used to obtain [[slavery|slave]]s and money through ransom. In less recent times, kidnapping in the form of [[shanghai (verb)|shanghai]]ing (or "[[Impressment|pressganging]]") men was used to supply merchant ships in the 19th century with [[sailor]]s, whom the law considered [[unfree labour]].{{Citation needed|date=January 2010}}
-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.<ref>
-{{cite news|url=http://www.icc-ccs.org/news/376-unprecedented-increase-in-somali-pirate-activity|title=Unprecedented increase in Somali pirate activity|date=21 Oct 2009|publisher=Commercial Crime Services|accessdate=2011-01-09}}</ref>
-Criminal gangs are estimated to make up to $500 million a year in ransom payments from kidnapping.<ref>{{cite web | url = http://www.havocscope.com/kidnap-and-ransom-market-value/| title= Kidnap and ransom market value }}</ref>
-Kidnapping has been identified as one source by which terrorists organizations have been known to obtain funding.<ref>Perri, Frank S., Lichtenwald, Terrance G., and MacKenzie, Paula M. (2009). [http://www.all-about-psychology.com/support-files/crime-terror-nexus.pdf Evil Twins: The Crime-Terror Nexus]. Forensic Examiner, 16-29.</ref>
-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.
-==Footnotes==
-{{reflist}}
-==References==
-* {{cite book |author=Damien Lewis; Mende Nazer |title=Slave |publisher=Public Affairs |location=New York |year=2003 |pages=368 |isbn=1-58648-212-2 |oclc= |doi=}}
-==External links==
-{{Wiktionary}}
-* [http://www.life.com/gallery/22813/snatched-notorious-kidnappings#index/0 Snatched: Notorious Kidnappings] — slideshow by ''[[Life magazine]]''
-* Insight News documentary: [http://www.insightnewstv.com/d08 China's Kidnapped Wives]
-* [http://www.crimelibrary.com/criminal_mind/psychology/child_abduction/index.html Court TV's - Criminal Psychology of child abduction]
-* [http://www.havocscope.com/tag/kidnap-and-ransom/ Kidnap and Ransom activities around the world: Havocscope Black Market]
-{{Types of crime}}
-[[Category:Crimes]]
-[[Category:Human rights abuses]]
-[[Category:Kidnappings]]
-[[Category:Terrorism tactics]]
-[[ar:اختطاف]]
-[[be:Выкраданне чалавека]]
-[[ca:Segrest]]
-[[cs:Únos]]
-[[de:Menschenraub]]
-[[es:Secuestro]]
-[[eo:Homforkapto]]
-[[fr:Enlèvement]]
-[[gd:Toirt am bruid]]
-[[gl:Secuestro]]
-[[ko:유괴]]
-[[it:Sequestro di persona]]
-[[he:חטיפה]]
-[[nl:Ontvoering]]
-[[ne:हर्नु]]
-[[ja:誘拐]]
-[[no:Kidnapping]]
-[[pl:Porwanie (przestępstwo)]]
-[[pt:Sequestro]]
-[[ru:Похищение человека]]
-[[simple:Kidnapping]]
-[[sr:Киднаповање]]
-[[fi:Ihmisryöstö]]
-[[sv:Kidnappning]]
-[[uk:Кіднепінг]]
-[[ur:اغوا]]
-[[zh:綁票]]