What is the difference between kidnapping and unlawful restraint




















Under Section Kidnapping in Texas is a Third-Degree Felony. Aggravated Kidnapping is a First-Degree Felony. Smuggling of persons is typically a State Jail Felony. However, it is a Third-Degree Felony if the person smuggled another in exchange for monetary benefit or in a way that would cause the smuggled person harm or death.

If you have been charged with unlawful restraint, kidnapping, or some other crime, contact a skilled Hartford, Connecticut criminal defense attorney at Woolf Law Firm, LLC today to learn more about your charges and your options. Call to schedule an initial consultation. Woolf David J. Lemasa Brian J. Criminal Law FAQ. Bowen and all the attorneys that helped me with this case. Barbara K. Exact matches only. Search in title. Search in content. Search in excerpt. Luftman Joseph J.

Kunkel Peter J. Scroll for more information. Jump to Kidnapping vs. Kidnapping vs. Abduction The terms kidnapping and abduction are often used interchangeably. Attempted Abduction If there is evidence you tried to remove a victim from a place or restrain their liberty, yet you did not fully succeed in abducting the victim, then you may find yourself facing charges for attempted abduction. Statutory Penalties for Kidnapping Crimes The potential penalty you face for a kidnapping-related offense depends on the level of the misdemeanor or felony charge.

Sex Offender Registration There are also times when one of these crimes will result in you being labeled a sex offender and being required to register. False imprisonment can seem almost indistinguishable from kidnapping.

Afte rall, it involves holding someone against their will, similar to kidnapping. However, if kidnapping is the act of moving someone without their content, then false imprisonment is the act of keeping someone in one place without their consent. For example, if a husband refuses to let his wife leave their home, despite her begging to be let out, then he would be committing false imprisonment. This could involve simply keeping her there for an hour during a heated argument, or it could be as serious as locking all the doors and windows and never allowing her to set foot outside the building.

While one is certainly more understandable than the other, they could both result in a charge. The only requirement is that one person keep another from leaving a certain location. In the husband-and-wife example, the husband would only be guilty of false imprisonment, since he did not move his wife from one location to another.

However, these two crimes often intersect. If we revisit the kidnapping example, where the kidnapper pulled his victim into his car, if he then took off and drove to his house and threw the victim into his basement and locked the door, then he would be guilty of both kidnapping and false imprisonment.



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