The Law on Kidnapping/Abduction in
Louisiana and its Punishments
The state of Louisiana considers kidnapping as a grave crime. Kidnapping is divided into three categories namely Aggravated kidnapping, Simple kidnapping and Second-degree kidnapping.
La. R.S. 14:44 says that aggravated kidnapping happens when the criminal forces or attempts to force a victim or a person to give up something of importance to give advantage or protection, to make safe the victim’s release:
-attracts or persuades the victim to go from one location to another,
-forcibly seizes and carries a person from one location to another
-jails or forcibly keep a person.
- sexually abused or physically injured,
- used as a protection or prisoner,
- used for assisting in carrying out a crime or the flight after attempting to perform or committing the felony offense,
- jailed or kidnapped when the criminal/ offender is carrying a dangerous weapon or makes the victim believe that he is armed with a dangerous weapon,
- locked up or kidnapped for minimum 72 hours or more than that,
- La. R.S. 14:44:2 says that a criminal is considered culpable of aggravated kidnapping of a child if he takes, attracts/ entices or takes away a child against the law. Such a child is below 13 and is taken away to an undisclosed site for an unlawful objective with the objective to keep him away from his parents or officially permitted guardian.
- Such a kidnapping may happen for ransom or another such favor from the child’s parents or guardian.
La. R.S. 14:45 in Louisiana defines simple kidnapping
- The purposeful and forcible abduction and carrying away of a person from a location to another.
- The deliberate attracting, decoying away and taking away for an illicit objective of a child below 14 years of age, without the permission of his parents or the legal protector who owns the charge of the child.
- The purposeful attraction, decoying away or taking away a person without the permission of the appropriate authority of a person, who is lawfully dedicated to an orphan, shallow-minded, insane or another organization.
- The purposeful attraction, taking away and removing from the state, by a parent of his child, from the official custody of a person to whom the custody has been given by the court of a proficient authority, with the objective to defeat the influence of the court over the guardianship of the child.
The main difference between aggravated kidnapping crime and the simple kidnapping crime is the kidnapper objective behind such a kidnapping. The four main elements of the aggravated kidnapping are:
- The delivery of a person from one location to another.
- Seizing forcibly
- The objective of forcing the victim or another person to give up a thing of the obvious current or potential value
- With the purpose of releasing the abducted person.
Punishment for Abduction in Louisiana
- If the crime is a second-degree kidnapping, then the criminal will be jailed at hard labor for minimum than 5 years and a maximum of 40 years.
- Minimum two years of the punishment is without the advantage of probation, parole or suspending the sentence.
- The aggravated kidnapping of a child crime is punished with life jail at hard labor without the advantage of probation, parole or suspending the sentence.
- A simple kidnapping crime is punished with a fine of maximum USD 5000 and the kidnapper is imprisoned with or without hard labor for maximum 5 years.