Being an accused kidnapper can have serious consequences. Understand your rights and the penalties you face.
Kidnapping is often associated on TV and movies with bank robberies and high profile crimes. But kidnapping laws in Pennsylvania are far more extensive and in many instances include children and adults.
Often kidnapping charges are included with other criminal activity, like, luring a child, sex crimes or reckless endangerment.
If you are charged with kidnapping in Pennsylvania you face some of the toughest penalties of any crime in the Commonwealth of Pennsylvania. Kidnapping is a crime that is taken very seriously and the shares the same punishment as violent crimes, like murder or rape.
Kidnapping is a first-degree felony and is punishable by up to 20 years in prison.
Kidnapping is often perpetrated by someone known by the victim, and often is a parent who may have broken custody laws. If you did not have the right to remove your child from their location, you could be punished with a third degree felony and up to 7 years in prison.
If you were charged with kidnapping, tensions run high in kidnapping cases and you are at risk of going to prison.
You are likely fearful for your future and in need of having someone answer your questions. Talk to an experienced and reputable kidnapping attorney in Pennsylvania who will make every effort to protect your rights and your freedom.
Attorney David J. Shrager has handled high-profile criminal cases, kidnapping cases and sex crime cases in Pennsylvania. Attorney Shrager provides compassionate counsel and will listen to your situation with understanding and empathy — not judgment, reproof or apathy.
Don’t be scared; be prepared! Hiring an experienced Pennsylvania Criminal Lawyer can make all the difference in your case and your future.
If you or your loved one has been charged with kidnapping, please call or text for a free consultation.
Let us help you protect your name, your rights, your freedom and your future. Rest assured, Shrager Defense Attorneys will fight for you.
Kidnapping Charges and Laws in Pennsylvania
Kidnapping is often perceived as a crime against children. But under the law, a person of any age can be a victim of kidnapping. There are also lesser degrees of kidnapping in Pennsylvania, including unlawful restraint and false imprisonment.
PA Code Title 18 §2901 specifically defines kidnapping as:
Except as provided in subsection (a.1), a person is guilty of kidnapping if he unlawfully removes another a substantial distance under the circumstances from the place where he is found, or if he unlawfully confines another for a substantial period in a place of isolation, with any of the following intentions:
- To hold for ransom or reward, or as a shield or hostage.
- To facilitate commission of any felony or flight thereafter.
- To inflict bodily injury on or to terrorize the victim or another.
- To interfere with the performance by public officials of any governmental or political function.
(a.1) Kidnapping of a minor: A person is guilty of kidnapping of a minor if he unlawfully removes a person under 18 years of age a substantial distance under the circumstances from the place where he is found, or if he unlawfully confines a person under 18 years of age for a substantial period in a place of isolation, with any of the same intentions listed above.
The removal or confinement is unlawful in either case if it is accomplished by force, threat or deception, or if the person is incapacitated and accomplished without the consent of a parent, guardian, or person responsible for the victim’s general supervision.
Lesser kidnapping charges include:
- Unlawful Restraint:
- Restraining another unlawfully in circumstances exposing him to risk of serious bodily injury; or holding another in a condition of involuntary servitude.
- False Imprisonment:
- Knowingly restraining another unlawfully so as to interfere substantially with his liberty.
- Interference with Custody of Children:
- knowingly or recklessly taking or enticing any child under the age of 18 years from the custody of its parent, guardian or other lawful custodian, when he has no privilege to do so.
It is a defense that:
- the actor believed that his action was necessary to preserve the child from danger to its welfare; or
- the child, being at the time not less than 14 years old, was taken away at its own instigation without enticement and without purpose to commit a criminal offense with or against the child; or
- the actor is the child’s parent or guardian or other lawful custodian and is not acting contrary to an order entered by a court of competent jurisdiction.
Laws regarding kidnapping vary from state to state. Therefore, if your kidnapping charges involve crossing state lines with the victim, you may face federal charges as well. Having a skilled and knowledgeable defense attorney is your best chance at preserving your rights and your freedom.
Penalties for Kidnapping in Pennsylvania
Whether the victim is an adult or a minor (an individual under the age of 18), you will be charged with a first degree felony and face the same punishment if you are found guilty of kidnapping.
A first degree felony in Pennsylvania carries a maximum penalty of:
- Up to 20 years in prison
- Up to $25,000 in fines
Kidnapping often becomes an issue in cases where there is a child custody dispute. Parental Kidnapping or Interference with a custody of Children is a third degree felony.
A third degree felony in Pennsylvania carries a maximum penalty of:
- Up to seven years in prison
- Up to $15,000 in fines
If the defendant was not a parent or guardian of the child and acted with knowledge, or reckless disregard to the fact that removal of the child would cause alarm for the child’s safety, the penalty is a second degree felony.
A second degree felony in Pennsylvania carries a maximum penalty of:
- Up to 15 years in prison
- Up to $20,000 in fines
If the child is removed is removed by his or her parent or guardian with good cause for a period of 24 hours or less and the child is the subject of a custody order of the Commonwealth and the defendant did not leave the state with the child, the penalty is a misdemeanor of the second degree.
A misdemeanor of the second degree in Pennsylvania has a maximum penalty of:
- Up to 2 years in prison
- Up to $5,000 in fines
Talk to a Pennsylvania Kidnapping Lawyer
An experienced and aggressive attorney who understands both the Pennsylvania legal system and any potential federal charges could help in protecting your freedom and your future.
At Shrager Defense Attorneys, we will work to have your freedom restored completely or if that is not possible, to significantly reduce your charges, fines and maximum penalties for prison.
There are several defenses for kidnapping and we will prepare your case so you have the strongest defense possible.
Attorney David J. Shrager is personally available to his clients. He will aggressively seek to prove your innocence and have your charges reduced or dropped.
Attorney Shrager is a skilled negotiator and excellent trial attorney. He is not afraid to take your case to trial if together you both determine it is the best option. He has the experience in winning tough cases and works aggressively to defend your rights, every step of the way.
Fight for your rights — call or text Attorney Shrager today for a free consultation.
Being charged with a crime does not have to mean that you will be convicted.
Shrager Defense Attorneys in Pittsburgh, PA will attack your criminal charges in order to protect your good name. Have a sound and solid case prepared by our legal team so they can fight for your rights.
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