Wednesday, May 15, 2013

Domestic Violence and Kidnapping

In incidents of Domestic Violence, even where there is relatively minor physicality and/or threats, a major charge can be levied by the State in certain circumstances.  That major charge is kidnapping.  The Nevada kidnapping statute is below: 

Degrees [of Kidnapping].

  1. A person who willfully seizes, confines, inveigles, entices, decoys, abducts, conceals, kidnaps or carries away a person by any means whatsoever with the intent to hold or detain, or who holds or detains, the person for ransom, or reward, or for the purpose of committing sexual assault, extortion or robbery upon or from the person, or for the purpose of killing the person or inflicting substantial bodily harm upon the person, or to exact from relatives, friends, or any other person any money or valuable thing for the return or disposition of the kidnapped person, and a person who leads, takes, entices, or carries away or detains any minor with the intent to keep, imprison, or confine the minor from his or her parents, guardians, or any other person having lawful custody of the minor, or with the intent to hold the minor to unlawful service, or perpetrate upon the person of the minor any unlawful act is guilty of kidnapping in the first degree which is a category A felony.
2. A person who willfully and without authority of law seizes, inveigles, takes, carries away or kidnaps another person with the intent to keep the person secretly imprisoned within the State, or for the purpose of conveying the person out of the State without authority of law, or in any manner held to service or detained against the person's will, is guilty of kidnapping in the second degree which is a category B felony.
            NRS 200.310.  

This statute is very broad in its scope, and, with relatively minor physicality and/or threats, a person can be charged with kidnapping.  A child does not need to be involved.  Kidnapping in the first degree is one of the most serious charges that can be levied upon a person in the state of Nevada.  If convicted, a life sentence will be imposed.  The difference between a misdemeanor Battery Domestic Violence case and a life sentence is not as broad as one would think. 
If you have been charged with BatteryBattery Domestic Violence, Kidnapping, False Imprisonment, or any crime related to a Domestic incident, or if a TPO has been issued against you, please visit or call 702-233-4225 for help.

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