Curtis Hall has been arrested for kidnapping and abducting a 3 year old boy from his home in Meriwether County earlier this morning. After 8 hours of searching, Hall was arrested and the little boy was returned home.
As of right now, it is still unclear what exactly Hall's relationship to the little boy is. In today's post I will outline the offense of kidnapping in Georgia.
Kidnapping in Georgia
Kidnapping in Georgia is defined by law 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.
The elements of kidnapping as laid out in Georgia law state that just a slight movement is sufficient to constitute a crime. That action is also called asportation.
However, if the movement of the victim is incidental to the commission of another crime, then kidnapping has not occurred. Situations in which the action is not considered kidnapping but instead incidental to another crime include when it:
- Conceals the victim;
- Isolates the victim;
- Makes the commission of the other offense substantially easier;
- Lessens the risk of detection; or
- Is for the purpose of avoiding apprehension.
A kidnapping conviction comes with substantial penalties as kidnapping is classified as a felony. The 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.
Just as with any other crime, a person can be wrongfully accused of kidnapping as well. There are Georgia Criminal Defenses that can defend against a wrongful arrest for kidnapping.
Theses defenses include:
- Protection of a child from imminent harm
- The child or the victim was not moved
- Consent to be taken, etc.
If you or a loved one has been arrested, contact a Georgia Criminal Defense Lawyer today. We can help you with your case.