Kidnapping

 

 

 

Massachusetts General Laws Chapter 265, Section 26 governs kidnapping. The law states 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.."

 

 

A charge of kidnapping requires certain legal elements to sustain a conviction. The defendant must have lacked authority to confine, the defendant forcibly or secretly confined someone within this state and lastly, that the defendant lacked consent. 

 

 

Penalty

 

Kidnapping penalties will vary depending on the circumstances. If the kidnapping occurs while armed with a weapon,  then punishment shall be imprisonment in the state prison for not less than 10 years, or in the house of correction for not more than 2 1/2 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

 

 

Whoever commits an offense described in this section on a child under the age of 16 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.

 

 

 

Contact an Expert Violent Crimes Attorney

 

At the Law Offices of Michael R. St. Louis, we are fully prepared to handle your kidnapping case. As a leading Boston criminal defense law firm, we can provide you with the direction and legal counsel you need to fight your misdemeanor or felony charges. Call our Law Offices today for your initial consultation at 781-816-3950 or contact us online.

 

 


 

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