MBE Rules · Criminal Law
Kidnapping
The rule
Kidnapping is the unlawful confinement of another person against that person's will, coupled with either movement (asportation) of the victim or concealment in a secret place. Modern statutes typically require some non-incidental movement or concealment beyond that inherent in another offense such as robbery or rape.
In plain English
It is the aggravated form of false imprisonment, defined by moving or hiding the victim. Grabbing someone to rob them at gunpoint on the sidewalk is usually just robbery; forcing them into a car and driving off adds kidnapping.
The trap
Movement incidental to another crime (e.g., dragging a victim two feet during a rape) usually does not satisfy asportation.
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