Have you or your loved one been charged with the above-reference offense? If so, call Attorney Scambio for a free consultation at 508-796-5737.
The Massachusetts Legislature defines Kidnaping under Massachusetts General Law Chapter 265, § 26 as follows:
Section 26. Whoever, without lawful authority, forcibly or secretly confines or imprisons another person within this commonwealth against his will, or forcibly carries or sends such person out of this commonwealth, or forcibly seizes and confines or inveigles or kidnaps another person, with intent either to cause him to be secretly confined or imprisoned in this commonwealth against his will, or to cause him to be sent out of this commonwealth against his will or in any way held to service against his will, shall be punished by imprisonment in the state prison for not more than ten years or by a fine of not more than one thousand dollars and imprisonment in jail for not more than two years. Whoever commits any offence described in this section with the intent to extort money or other valuable thing thereby shall be punished by imprisonment in the state prison for life or for any term of years.
Whoever commits any offense described in this section while armed with a firearm, rifle, shotgun, machine gun or assault weapon shall be punished by imprisonment in the state prison for not less than ten years or in the house of correction for not more than two and one-half years. The provisions of the preceding sentence shall not apply to the parent of a child under 18 years of age who takes custody of such child. Whoever commits such offense described in this section while being armed with a firearm, rifle, shotgun, machine gun or assault weapon with the intent to extort money or other valuable thing thereby shall be punished by imprisonment in the state prison for life or for any term of years but not less than 20 years.
Whoever commits any offense described in this section while armed with a dangerous weapon and inflicts serious bodily injury thereby upon another person or who sexually assaults such person shall be punished by imprisonment in the state prison for not less than 25 years. For purposes of this paragraph the term ”serious bodily injury” shall mean bodily injury which results in a permanent disfigurement, protracted loss or impairment of a bodily function, limb or organ or substantial risk of death. For purposes of this paragraph, the term ”sexual assault” shall mean the commission of any act set forth in sections 13B, 13B1/2, 13B3/4, 13F, 13H, 22, 22A, 22B, 22C, 23, 23A, 23B, 24 or 24B.
Whoever, without lawful authority, forcibly or secretly confines or imprisons a child under the age of 16 within the commonwealth against his will or forcibly carries or sends such person out of the commonwealth or forcibly seizes and confines or inveigles or kidnaps a child under the age of 16 with the intent either to cause him to be secretly confined or imprisoned in the commonwealth against his will or to cause him to be sent out of the commonwealth against his will or in any way held to service against his will, shall be punished by imprisonment in the state prison for not more than 15 years. The provisions of the preceding sentence shall not apply to the parent of a child under 16 years of age who takes custody of such child.
The model jury instructions requires the Commonwealth to prove the following in order for the Commonwealth to prove each element of the offense. The Commonwealth must prove each of the following elements beyond a reasonable doubt at trial:
1. the defendant confined the victim in Massachusetts.
2. the defendant did so forcibly or secretly.
3. the defendant did so against the victim s will; and
4. the defendant did so without lawful authority.
“Confine” means to enclose within bounds, isolate, restrict, restrain, shut up or keep in. So, to prove the first element, the Commonwealth must prove that the defendant restrained the victim‘s movement in some way and did so within Massachusetts.
As for the second element, the Commonwealth must prove either that the defendant used force to restrain the victim ‘s movement or that the defendant restrained the victim in secret. Force may involve actual physical contact or threatened contact. Examples of actual force include grabbing or dragging someone. An example of threatened force is compelling someone to move by using menacing words or gestures. The word secretly should be given its common meaning.
Third, the Commonwealth must also prove that the defendant confined the victim against his will, that is without his consent. A person who submits because of force or threat of force has not consented.
Finally, the Commonwealth must prove that the defendant did not have lawful authority to confine the victim. An act is under lawful authority if it is permitted by law. For example, a parent, teacher, or other caretaker of a child may reasonably limit that child’s movement or behavior. “Confine” means to enclose within bounds, isolate, restrict, retrain, shut up or keep in. Any restraint of a person’s movement is confinement. So, to prove the first element, the Commonwealth must prove that the Defendant restrained the victim’s movement and did so either by forcibly “seizing” him.
Force may involve actual physical contact or threatened contact. Examples of actual force include grabbing or dragging someone. An example of threatened force is compelling someone to move by using menacing words or gestures.
To prove the second element, the Commonwealth must prove that the defendant did not have lawful authority to confine the victim. An act is under lawful authority if it is permitted by law. For example, a parent, teacher, or other caretaker of a child may reasonably limit that child’s movement or behavior.
Finally, the Commonwealth must also prove that the defendant acted with the specific intent to cause the victim to be secretly confined in Massachusetts against his will.
Please refer to my earlier instruction to you on the law of specific intent.
Secretly, as used here, should be given its common meaning. Against the victim’s will means that the victim did not consent to being confined. A person who submits because of force or threat of force has not consented. Kidnapping with intent to extort has one element in addition to those required for kidnapping: the Commonwealth must prove beyond a reasonable doubt that the defendant committed the kidnapping with the specific intent to extort money or some other valuable thing.
To “extort” means to obtain property, coerce payment of money, secure a financial advantage for oneself, or compel another to do an act against his/her will. Intent is a state of mind. It means a person’s purpose or objective. A person does an act with a specific intent to cause the victim to be secretly confined in Massachusetts against his will if the person has in mind the specific purpose or objective of causing the victim to be secretly confined in Massachusetts against his will when the person does the act. The decision to do the act for that purpose requires some period of thought and deliberation, however brief.
If you have been charged with this offense and need a trial attorney with real trial experience and trial solutions, or if you have any questions related to this criminal offense, call Attorney Scambio today at 508-796-5737. Remember, before you decide whether to make any statements to law enforcement, discuss that decision with a competent attorney. Attorney Scambio is available six (6) days a week and will take your call to discuss assisting you in your criminal matter.