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Example of Kidnapping Attendant Circumstance

13 十月, 2015 - 12:50

Change the example given in so that after fifty miles of driving, Shawna asks Thomas to pull over and let her out. Thomas refuses, threatens to harm Shawna if she tries to escape, and continues to drive another twenty miles with Shawna in the front seat. If Thomas acted with the proper kidnapping intent, Thomas might have committed kidnapping in this case. Although Shawna’s original entrance into Thomas’s vehicle and her asportation for the first fifty miles was consensual, once Shawna requested that Thomas pull over and let her out, the confinement or asportation was against Shawna’s will and without her consent. If the trier of fact determines that twenty miles is far enough to constitute sufficient asportation for kidnapping, Thomas could be charged with or convicted of this offense.