Virginia Kidnapping Laws

Statutes

• Va. Code Ann. 18.2-47
• Va. Code Ann. 18.2-48, 18.2-48.1
• Va. Code Ann. 18.2-10

Abduction Charges

Abduction (generally):

• Not applicable to any law-enforcement officer in performance of their duties.

Abduction with the intent to commit extortion or for an immoral purpose: When an individual abducts a person under the following circumstances:

• With the intent to extort money or pecuniary benefit:
• With the intent to defile the person:
• For the purposes of prostitution and the victim is less than 16 years old;
• For the purposes of prostitution, regardless of victim's age; or
• Any minor for the purposes of manufacturing child pornography.

Threatening/attempting/assisting in such abduction:

Anyone who threatens, attempts, or assists with an abduction with intent to extort or for an illegal purpose can be charged with this offense.

Possible Penalties

Under the felony-murder rule, if a killing occurs during the kidnapping, the defendant can be charged with first degree murder (punishable by a prison term of 20 years to life).

Unless stated otherwise, an abduction charge is penalized as a Class 5 felony; class 5 felonies carry a prison term of 1-10 years. With the jury or court's discretion: not more than 12 months in jail and/or a fine up to $2,500.

Abduction (generally):

• If committed by the parent of the abducted person and punishable as contempt of court in any pending proceeding, then the offense is a Class 1 misdemeanor, in addition to contempt of court.
• If committed by the parent of the abducted person and punishable as contempt of court in any pending proceeding and the abducted person is removed from the state by the abducting parent, then the offense is a Class 6 felony, in addition to contempt of court.

Abduction with the intent to commit extortion or for an immoral purpose (Class 2 felony):

• If the sentence includes a term of confinement less than life imprisonment, the judge shall impose, in addition to any active sentence, a suspended sentence of no less than 40 years.
• This suspended sentence is suspended for the remainder of the defendant&'s life subject to revocation by the court.

Possible Defenses

• Consent
• Duress
• Mistake of fact