Police in DeKalb County are searching for a man who has been accused by a 12-year-old boy of attempting to kidnap him.
The boy reported that the man attempted to grab him while he was on his way to his bus stop. The man allegedly got out of his vehicle and tried to grab the boy's arm. The suspect was described as being in his mid-twenties.
As a Georgia Criminal Defense Lawyer, I will cover the law that encompasses the criminal offense of kidnapping in today's post.
Kidnapping in Georgia
Georgia law defines kidnapping in Georgia 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. (O.C.G.A. §16-5-40).
In Georgia, even a slight movement is enough to constitute the crime of kidnapping.
As with any other crime, in order to be convicted of kidnapping, the state of Georgia will have to prove that the accused person is guilty beyond a reasonable doubt. If he or she is found guilty and convicted of kidnapping, then he or she will be convicted of a felony.
There are different types of punishment for this felony charge depending on the circumstances.
- If the victim is 14 or older, the prison sentence is between ten and twenty years.
- If the victim is younger than 14, the prison sentence is heightened to either a life sentence or a minimum of twenty years with probation for life after release.
- If the kidnapping was for a ransom or if any bodily injury occurred to the victim, the prison sentence will be for life or the death penalty is also an option.
Call our offices now if you or a loved one has been arrested.