The Law on Kidnapping/Abduction in Massachusetts and its Punishments
Kidnap is treated as a serious crime and each state has its own kidnapping laws. Massachusetts follows the strict laws of kidnap and their punishments. Kidnapping or Abduction in Massachusetts is defined under General law chapter 265 section 26. The state defines kidnap as the person being carried out of the state or in the state forcibly or secretly against their will.
Punishment for Abduction in Massachusetts
As per the laws, kidnapping is, “A person kidnaps another person forcibly or secretly without lawfully or imprisons another person against his/her will or sends another person out of Massachusetts against his/her will or kidnaps another person against his/her will with the intent to extract money or valuable things.”
A person who commits kidnap may receive the sentences based on how he committed the kidnapping, what tools he used or was it with intention. The punishments for kidnapping may vary based on the circumstances, age and weapon used. However, here we provide the laws and punishments.
A person who commits kidnap may receive to serve the state prison up to 10 years or less. Otherwise, the person may be fined with $1000 and/or imprisoned for two years in jail.
If the person commits kidnap and is armed with a shotgun, rifle, machine gun, firearm or any harmful weapon, he/she need to serve the state prison minimum of 10 years or in a house of correction not exceeding two and half years. However, this sentence will not apply to the parent who takes custody of a child under age 18.
Kidnap with intent
A person who commits kidnap with an intent to extract valuable things or money may be punished with life imprisonment or he/she may require to serve in the state prison for terms of years as declared by the court.
If the person commits kidnap with an intent to extract valuable things or money and is armed with a shotgun, firearm, machine gun or any harmful weapon, the person may be punished with life imprisonment or the person may be required to serve the state prison for more than 20 years.
A person who kidnaps minor or child under age 16 may need to serve the state prison not exceeding 15 years. However, this sentence will not apply to the parent who takes custody of a child under age 16.
Kidnap with bodily injury
A person who is armed with dangerous weapons kidnaps and injures another person that results in permanent loss or impairment of a limb or organ or bodily function of the victim or assaults the victim sexually receives the punishment of state prison not exceeding 25 years.
A person who commits kidnap by drugging the victim is punishable to serve the state prison for 10 years. Also, if the intent of the kidnapper is to extract money or valuable things, he/she shall need to serve the state prison for 15 years.
According to the kidnap laws, a relative is not allowed to hold a child under 18years of age for a certain period of time or permanent or an incompetent person is taken from lawful custody. If any person is found doing so he/she shall be punishable with a fine not exceeding $1000 and/or need to serve up to one year in a house correction.
Also, if the child is taken out of the state or an incompetent person is taken out that results in the endangerment, the offender need to serve the state prison not exceeding 5 years and/or fine not exceeding $5000.