Kidnapping is said to have occurred when an individual, unlawfully, physically moves or takes away another individual without that his or her consent, with the aim of using the abduction alongside some other despicable objective. Sanders(2003) defines kidnapping as the act of confining, imprisoning or abducting another person either secretly, by threat or forcibly with intention of that person for a reward or ransom, or as a hostage or shield. The other motives behind kidnaping are: to facilitate or commit felony,to harm or terrorize another person or the victim.
Lastly kidnapping may be committed with the intent of interfering with the performance of any political or government event.Kidnapping is a felony which upon prosecution, one can be punished.
On the other hand, false imprisonment amounts to civil claims for damages. False imprisonment is theunlawful confinement of a person without the person’s consent by another person in such a way which violates the victims, personal right of freedom; free from limitation on movements. Lippman(2010) defines it as act of intentionally confining or detaining an individual against his or her will. He states that false imprisonment may be charged as either a felony or misdemeanour depending on the definite facts of the case. False imprisonment is considered to be a felony if threats, intimidation or force, were used to realize the confinement or detention.
Kidnapping is similar to false imprisonment; however it is considered a serious or grievous offense, false imprisonment on the other hand, may be seen as a fairlyharmless or inoffensive, restraint of an individual. It is commonly identified as a misdemeanor which punishable by less than 1 year jail term. An individual who has committed false imprisonment may also be charged to have committed the felony of kidnapping, because his or her conduct may give grounds for both kidnapping and false imprisonment.
However, kidnapping requires other facts to be shown, such as the physical removal of an individual from one place to another.
References
Lippman, M. R. (2010). Contemporary criminal law: Concepts, cases, and controversies. Thousand Oaks, Calif: Sage Publications
Sanders, R.(2003). “Double Offense” Problems in Kidnapping and False Imprisonment Cases. The Florida Bar Journal. 77. Retrieved from http://www.floridabar.org/DIVCOM/JN/JNJournal01.nsf/
