Kidnapping Charge in New Jersey

Elizabeth, NJ Kidnapping Charge Attorney

Kidnapping is a serious crime in New Jersey, carrying severe penalties. A kidnapping conviction can lead to possible prison time, a large fine, and a criminal record. Kidnapping is codified under New Jersey law as 2C:13-1. If you or someone you love is charged with the crime of kidnapping, then it is imperative that you contact an experienced criminal defense lawyer. If you’re seeking legal representation for a kidnapping, false imprisonment, or an unlawful possession of a handgun charge in New Jersey, then Attorney Brett M. Rosen is an excellent choice. Here’s why:

Experience: Brett M. Rosen is a seasoned lawyer, licensed in both New York and New Jersey. He has been practicing law for over 8 years, specializing in criminal and civil litigation.
Client Satisfaction: Rosen has received high praise from his clients for his professionalism and effectiveness. Clients have described him as “the example of a true winner” and “one of NJ’s finest attorneys”.
Trial Skills: Rosen has demonstrated exceptional trial skills, standing ‘toe to toe’ at trial against current and former prosecutors, and certified criminal and civil trial attorneys. His aggressive questioning and thorough approach have been commended by clients.
High-Profile Cases: Rosen has handled high-profile cases, including representing a celebrity on their domestic violence case and a Grammy-Award winning artist on their drug cases.
Recognition: He has been recognized as a Rising Star by Super Lawyers.

Contact us today for a consultation, or continue reading this page that will provide you with a general overview of the law regarding kidnapping charge in New Jersey, as well as some common defenses that may be available to you.

Definition of Kidnapping Charge in New Jersey

As mentioned above, kidnapping is a serious crime. According to the New Jersey Revised Statutes 2C:13-1, a person is guilty of kidnapping if they:

Hold for ransom, reward or as a hostage. A person is guilty of kidnapping if he unlawfully removes another from the place where he is found or if he unlawfully confines another with the purpose of holding that person for ransom or reward or as a shield or hostage.

A person can also be charged with kidnapping if they:

unlawfully removes another from his place of residence or business, or a substantial distance from the vicinity where he is found, or if he unlawfully confines another for a substantial period, with any of the following purposes:
- To facilitate commission of any crime or flight thereafter;
- To inflict bodily injury on or to terrorize the victim or another;
- To interfere with the performance of any governmental or political function; or
- To permanently deprive a parent, guardian or other lawful custodian of custody of the victim.

What are the elements of a kidnapping charge?

In order to be convicted of kidnapping, NJSA 2C:13-1a the New Jersey Model Jury Charge states that the prosecution must prove the following elements beyond a reasonable doubt:

1) That the defendant __________, unlawfully removed (the victim), from (their house, place of business, school, etc.) and/or That the defendant __________, unlawfully confined (the victim), at (another location).

2) That the removal…..confinement was for the purpose of holding (the victim), for ransom…. or reward….or as a shield or hostage

In order to be convicted of kidnapping, NJSA 2C:13-1b(1), (2), or (3), the prosecution must prove each of the following elements beyond a reasonable doubt:

That the defendant __________:
1. unlawfully removed (the victim), from (his/her) place of residence… or
2. unlawfully removed (the victim), from (his/her) place of business… or
3. unlawfully removed (the victim), a substantial distance from the vicinity where (he/she) was found… or
4. unlawfully confined (the victim), for a substantial period
That the removal (or confinement) was with the purpose to..
1. facilitate the commission of any crime or flight thereafter…
2. inflict bodily injury on or terrorize the victim or another…
3. interfere with the performance of any governmental or political function

Last, but certainly not least, in order to be convicted of kidnapping, NJSA 2C:13-1b(4), the prosecution must prove the following elements beyond a reasonable doubt:

That the defendant (select as appropriate):
1. unlawfully removed (the victim), from (his/her) place of residence… or
2. unlawfully removed (the victim), from (his/her) place of business… or
3. unlawfully removed (the victim), a substantial distance from the vicinity where (he/she) was found… or
4. unlawfully confined (the victim), for a substantial period; AND
That the removal (or confinement) was with the purpose to permanently deprive a parent, guardian, or other lawful custodian of custody of the victim.

NJSA 2C:13-1 defines unlawful removal or confinement as if the removal is “accomplished by force, threat or deception, or, in the case of a person who is under the age of 14 or is incompetent, if it is accomplished without the consent of a parent, guardian or other person responsible for general supervision of his welfare.”

Grading of Kidnapping Offense in New Jersey

Kidnapping is typically considered a first-degree crime in New Jersey. If convicted, an individual may face an ordinary term of imprisonment:

between 15 and 30 years and
a $200,000 fine

However, if the actor releases the victim unharmed and in a safe place prior to apprehension, it is considered a second-degree crime. If convicted of kidnapping of the second degree, you could face the following penalties:

Up to 10 years in prison;
A fine of up to $150,000

The law also provides for enhanced penalties under certain circumstances. For instance, if the victim of the kidnapping is less than 16 years old and during the kidnapping, a crime of sexual assault or criminal sexual contact is committed against the victim, or if the actor sells or delivers the victim to another person for pecuniary gain, then the defendant could face a mandatory minimum sentence of 25 years in prison without the possibility of parole.

The No Early Release Act also applies to a kidnapping charge. The No Early Release Act (NERA) is a sentencing provision in New Jersey that requires a defendant convicted of certain violent crimes to serve at least 85% of their sentence before becoming eligible for parole. Kidnapping is one of the crimes that falls under NERA, meaning that a person convicted of kidnapping in New Jersey will have to serve most of their sentence before they can apply for parole.

Federal Kidnapping Laws

It’s important to note that if a person being held is transported across state lines, federal kidnapping laws may apply instead. Federal laws often carry more severe penalties than state laws.

The federal law on kidnapping is 18 U.S. Code § 1201, also known as the Federal Kidnapping Act or the Lindbergh Law. It makes kidnapping a serious felony offense, punishable by imprisonment for any term of years or for life, and by death or life imprisonment if the victim dies. The law applies to cases where the kidnapper transports the victim across state or national borders, or uses any means of interstate or foreign commerce, such as mail, phone, or internet, to commit or facilitate the crime. The law also covers cases where the victim is a foreign official, an internationally protected person, an official guest, or a federal officer or employee. The law provides some exceptions for parents who abduct their own minor children, or for people who take or confine someone to protect them from imminent harm.

Legal Defenses to NJ Kidnapping Charge

There are several defenses that can be used in response to kidnapping charges. These include duress, mistake of fact, and an affirmative defense where the actor reasonably believed that their actions were necessary to prevent immediate danger to the victim’s welfare.

Consent: The victim consented to being taken or confined. If the person who was allegedly kidnapped agreed to go with the accused willingly, then there is no kidnapping. The accused must show that the consent was voluntary and not obtained by force, threat, or deception.
Self-defense: The defendant was acting in self-defense or the defense of others.
Necessity: The defendant was acting under a necessity to prevent a greater harm. If the accused took or confined the person who was allegedly kidnapped to protect him or her from a dangerous situation, such as domestic violence or child abuse, then there is no kidnapping.
Lack of intent: The defendant did not have the intent to commit kidnapping. If the accused did not have the specific purpose of holding the person for ransom, reward, hostage, shield, or to facilitate a crime, inflict harm, terrorize, interfere with a government function, or deprive custody, then there is no kidnapping. The accused must show that the taking or confinement was accidental, mistaken, or unintentional.
Duress: The defendant was forced to remove or confine the victim by someone else.

Affirmative Defenses to Kidnapping

In New Jersey, the law provides that a defendant can raise affirmative defenses. Unlike the prosecution which must prove every element beyond a reasonable doubt, the defendant must show by clear and convincing evidence (a much lesser standard). An affirmative defense to NJSA 2C;13-1b(4) “To permanently deprive a parent, guardian or other lawful custodian of custody of the victim”, when:

The actor reasonably believed that the action was necessary to preserve the victim from imminent danger to his welfare. However, no defense shall be available if the actor does not, as soon as reasonably practicable but in no event more than 24 hours after taking a victim under his protection, give notice of the victim’s location to the police department of the municipality where the victim resided, the office of the county prosecutor in the county where the victim resided, or the Division of Youth and Family Services in the Department of Children and Families;
The actor reasonably believed that the taking or detaining of the victim was consented to by a parent, or by an authorized State agency; or
The victim, being at the time of the taking or concealment not less than 14 years old, was taken away at his own volition by his parent and without purpose to commit a criminal offense with or against the victim.

It is also an affirmative defense to NJSA 2C;13-1b(4) “To permanently deprive a parent, guardian or other lawful custodian of custody of the victim”, when:

that a parent having the right of custody reasonably believed he was fleeing from imminent physical danger from the other parent, provided that the parent having custody, as soon as reasonably practicable:
Gives notice of the victim’s location to the police department of the municipality where the victim resided, the office of the county prosecutor in the county where the victim resided, or the Division of Youth and Family Services in the Department of Children and Families; or
Commences an action affecting custody in an appropriate court.

As you can see, there are potentially a number of defenses that are applicable to you or your loved one’s kidnapping charge here in New Jersey. Call us today for a consultation to discuss your case.

Differences between Kidnapping & False Imprisonment

Kidnapping and false imprisonment are both serious crimes, but they have distinct differences:

Kidnapping:

Kidnapping involves the intentional act of taking away or moving a person against their will by use of force or threats of force.
It is this moving of a person that separates kidnapping from false imprisonment.
Kidnapping is generally punished as a felony.

False Imprisonment:

False imprisonment occurs when someone confines or detains another person against their will and without any legal justification.
The act does not need to be done forcibly or through intimidation.
False imprisonment is generally a lesser included offense of kidnapping and is graded lower.

In essence, kidnapping involves illegal movement of a person with the intent to commit a crime, while false imprisonment involves illegal confinement of a person without their consent.

Difference between Kidnapping & Criminal Restraint

Criminal restraint involves unlawfully detaining a person against their will, without moving them to another location. For example, locking someone in a room without their consent can be criminal restraint. Criminal restraint is a third degree crime in New Jersey, carrying a potential sentence of three to five years.

Kidnapping is taking someone against their will and using force or fear to move them to another location. The movement does not have to be far, but it has to be substantial. For example, grabbing someone by force and taking them to a different place where they are confined can be kidnapping. Kidnapping is a more serious offense than criminal restraint, and it is a first degree crime in New Jersey, carrying a potential sentence of 15 to 30 years.

Excellent New Jersey Kidnapping Charge Lawyer

Kidnapping charges in New Jersey are serious and can result in severe penalties. If you or someone you know is facing such charges, it’s crucial to seek legal counsel immediately. An attorney can review the facts of your case and advise you of your legal options. If you are looking for a kidnapping charge lawyer, then Brett M Rosen is a superb choice. He is a criminal defense and personal injury lawyer based in New Jersey. He has been recognized as one of the top criminal defense attorneys of 2023 by LA Weekly. He has also been selected to Thomson Reuters Super Lawyers Rising Stars list for five consecutive years, a recognition that only 2.5% of attorneys in New Jersey receive.

Some of the reasons why you might want to choose Brett M Rosen to defend your New Jersey kidnapping charge are:

Call today for a consultation regarding your kidnapping charge.