Attempted Kidnapping Reported in DeKalb County

According to reports out of DeKalb County, police are still attempting to identify and arrest a person of interest who has been accused of attempting to kidnap a woman in her mid-twenties outside of a restaurant.

The woman stated that a man followed her to her car and got in her vehicle with her while pointing a black rifle at her. He then allegedly told her to drive and she got out of the car and sprinted back to the restaurant for help.

The man then left the scene and since then, police have been on the lookout.

As a Georgia Criminal Defense Lawyer, I will outline the criminal offense that was allegedly attempted by the suspect in today's story.

Kidnapping in Georgia

Kidnapping in Georgia is defined by the Georgia Code in O.C.G.A. §16-5-40 as:

A person commits the offense of kidnapping when such person abducts or steals away another person without lawful authority or warrant and holds such other person against his or her will.

Kidnapping by law means that just a slight movement is sufficient to constitute a crime. The action of a slight movement by law is called asportation.

Kidnapping is considered a felony offense in Georgia. This means that a kidnapping conviction comes with substantial penalties as it is classified as a felony conviction.

The potential penalty for kidnapping a victim who is 14 years or older include a prison term between ten and twenty years. However, if the victim is under 14 years old, then the penalty is elevated to either a life sentence or a prison term between twenty years but less than life with probation for life after getting out of prison. A suspect will receive life in prison or the death penalty if the kidnapping was for ransom or if the victim received bodily injury.

Repeat offenders will receive longer prison sentences. However, a fourth felony conviction will carry a penalty of life in prison with no chance of parole.

Practice Note

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