According to reports out of Mississippi, 32 year old Emanuel Moore was found with a teenager who had been reported kidnapped and missing in the state of Georgia.
Moore was taken in by Mississippi State Troopers after they recognized what was described as signs of possible sex trafficking during a routine stop. The teenage girl is fifteen and has remained unidentified by authorities and news outlets. She was reported missing weeks ago.
The criminal offense of kidnapping is actually a complicated offense and most people, including Georgians, are unaware of the specific elements that are required to be arrested or accused of kidnapping. As a Georgia Criminal Defense Lawyer, I will outline the law behind kidnapping in today's post.
Kidnapping in Georgia
Kidnapping in Georgiais defined by Georgia Law in O.C.G.A. § 16-5-40 as:
(a) 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.
(b) (1) For the offense of kidnapping to occur, slight movement shall be sufficient; provided, however, that any such slight movement of another person which occurs while in the commission of any other offense shall not constitute the offense of kidnapping if such movement is merely incidental to such other offense.
(2) Movement shall not be considered merely incidental to another offense if it:
(A) Conceals or isolates the victim;
(B) Makes the commission of the other offense substantially easier;
(C) Lessens the risk of detection; or
(D) Is for the purpose of avoiding apprehension.
(c) The offense of kidnapping shall be considered a separate offense and shall not merge with any other offense.
(d) A person convicted of the offense of kidnapping shall be punished by:
(1) Imprisonment for not less than ten nor more than 20 years if the kidnapping involved a victim who was 14 years of age or older;
(2) Imprisonment for life or by a split sentence that is a term of imprisonment for not less than 25 years and not exceeding life imprisonment, followed by probation for life, if the kidnapping involved a victim who is less than 14 years of age;
(3) Life imprisonment or death if the kidnapping was for ransom; or
(4) Life imprisonment or death if the person kidnapped received bodily injury.
If you have been arrested, contact our offices today. A Georgia Criminal Defense Attorney can help you with your case. We handle everything from warrants to wrongful accusations. We are here for you. Call now.
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