There are very specific laws in place regarding the act of kidnapping and precisely what it means under North Carolina law. It is easy to think that you will never need to know about something like this, but you shouldn’t brush it off so easily. There is a chance that such accusations could be made against you, and you need to know what to steps to take if this happens.
What is Second Degree Kidnapping?
North Carolina Criminal Law defines second-degree kidnapping in the following way:
Any person who shall unlawfully confine, restrain, or remove from one place to another, any other person 16 years of age or over without the consent of such person, or any other person under the age of 16 years without the consent of a parent or legal custodian of such person, shall be guilty of kidnapping if such confinement, restraint or removal is for the purpose of:
- Holding such other person for a ransom or as a hostage or using such other person as a shield
- Facilitating the commission of any felony or facilitating flight of any person following the commission of a felony
- Doing serious bodily harm to or terrorizing the person so confined, restrained or removed or any other person
- Holding such other person in involuntary servitude in violation of G.S.
- Trafficking another person with the intent that the other person be held in involuntary servitude or sexual servitude in violation of G.S.
- Subjecting or maintaining such other person for sexual servitude in violation of G.S.
Those in violation of any aspect of the law as detailed above could find themselves being criminally charged. It is best to have an attorney in North Carolina who fully understands the definition of the law as it relates to second-degree kidnapping, and to be sure that the criminal defense lawyer is fully capable of defending you against such charges.
Consequences of Second-Degree Kidnapping in North Carolina
Besides the harm that is done to a victim in a second-degree kidnapping case, it is also important to understand what kind of penalties the accused may face if they are charged with second degree kidnapping.
Here are some issues that one may immediately face:
- Jail time of between 15 to 182 months depending on the classification of their crime
- A criminal record
- The loss of employment
- A public record of the actions that they were convicted of
- The loss of their parental rights
The list goes on, but you understand the fact that there is no doubt that being charged with (or even convicted of) kidnapping in the second-degree can change your life.
Definitions Under the Law
There are important definitions under the law that should be zeroed in on as a matter of if a personal should be deemed to be guilty or innocent of the crime of kidnapping. Various elements need to be proven out, and it is certainly not a guarantee that one will be proven guilty if these various elements are not deemed to be true in a court of law. Here is what you need to know about some of the important definitions including:
- Consent: The law states that a person aged 16 or older must be confined, restrained, or otherwise held against their own will to qualify as a kidnapping. If someone is under the age of 16, then they must be confined, restrained, or otherwise held against the will of their parents or legal guardians.
- Restraint: It must be proven in a court of law that the accused held the victim against their will by means of force (implicit or explicit), and that they could not leave the situation under their own free will.
- Serious bodily harm: The charge of kidnapping can be taken to another level if serious bodily harm is done to the victim. It is entirely possible that one may end up with a more serious charge levied against them in the event that they are deemed to have committed serious bodily harm to their victim.
Finally, it is also important to understand that a kidnapping charge may also be elevated to a higher level if the accused has previous convictions (of any kind) on their record. That is something that is taken extremely seriously, and those who have such charges may find themselves facing stiffer penalties then if they had no previous criminal record.
Contact an Experienced North Carolina Kidnapping Defense Lawyer Today
King Law Offices is a full-service law firm with an outstanding team of professionals who work diligently, creatively, and compassionately on behalf of our clients each day. We serve the Upstate of South Carolina and Western North Carolina. Call (888) 748-KING (5464) today or reach out online to set up a consultation with one of our dedicated attorneys.