An Illustration of Kidnapping Intent
Joseph and Abby go over the example in Section 10. Modify this scenario so
that Abby is dragged to Joseph's car, where she is placed in the trunk. He then
drives fifteen miles to an abandoned field, where he takes her out of the trunk
and rapes her. In most jurisdictions, Joseph most likely possesses the criminal
intent necessary for kidnapping. In order to rape Abby, Joseph committed the
crime of forceful confinement and asportation, which is defined as having the
particular intent or purpose to "commit a separate offense." Joseph may
therefore be charged with and found guilty of both rape and kidnapping if the
other components of kidnapping are present.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
Joseph and Abby go over the example in Section 10. Modify this scenario so
that Abby is dragged to Joseph's car, where she is placed in the trunk. He then
drives fifteen miles to an abandoned field, where he takes her out of the trunk
and rapes her. In most jurisdictions, Joseph most likely possesses the criminal
intent necessary for kidnapping. In order to rape Abby, Joseph committed the
crime of forceful confinement and asportation, which is defined as having the
particular intent or purpose to "commit a separate offense." Joseph may
therefore be charged with and found guilty of both rape and kidnapping if the
other components of kidnapping are present.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
Joseph and Abby go over the example in Section 10. Modify this scenario so
that Abby is dragged to Joseph's car, where she is placed in the trunk. He then
drives fifteen miles to an abandoned field, where he takes her out of the trunk
and rapes her. In most jurisdictions, Joseph most likely possesses the criminal
intent necessary for kidnapping. In order to rape Abby, Joseph committed the
crime of forceful confinement and asportation, which is defined as having the
particular intent or purpose to "commit a separate offense." Joseph may
therefore be charged with and found guilty of both rape and kidnapping if the
other components of kidnapping are present.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
Joseph and Abby go over the example in Section 10. Modify this scenario so
that Abby is dragged to Joseph's car, where she is placed in the trunk. He then
drives fifteen miles to an abandoned field, where he takes her out of the trunk
and rapes her. In most jurisdictions, Joseph most likely possesses the criminal
intent necessary for kidnapping. In order to rape Abby, Joseph committed the
crime of forceful confinement and asportation, which is defined as having the
particular intent or purpose to "commit a separate offense." Joseph may
therefore be charged with and found guilty of both rape and kidnapping if the
other components of kidnapping are present.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
Joseph and Abby go over the example in Section 10. Modify this scenario so
that Abby is dragged to Joseph's car, where she is placed in the trunk. He then
drives fifteen miles to an abandoned field, where he takes her out of the trunk
and rapes her. In most jurisdictions, Joseph most likely possesses the criminal
intent necessary for kidnapping. In order to rape Abby, Joseph committed the
crime of forceful confinement and asportation, which is defined as having the
particular intent or purpose to "commit a separate offense." Joseph may
therefore be charged with and found guilty of both rape and kidnapping if the
other components of kidnapping are present.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
Joseph and Abby go over the example in Section 10. Modify this scenario so
that Abby is dragged to Joseph's car, where she is placed in the trunk. He then
drives fifteen miles to an abandoned field, where he takes her out of the trunk
and rapes her. In most jurisdictions, Joseph most likely possesses the criminal
intent necessary for kidnapping. In order to rape Abby, Joseph committed the
crime of forceful confinement and asportation, which is defined as having the
particular intent or purpose to "commit a separate offense." Joseph may
therefore be charged with and found guilty of both rape and kidnapping if the
other components of kidnapping are present.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
Joseph and Abby go over the example in Section 10. Modify this scenario so
that Abby is dragged to Joseph's car, where she is placed in the trunk. He then
drives fifteen miles to an abandoned field, where he takes her out of the trunk
and rapes her. In most jurisdictions, Joseph most likely possesses the criminal
intent necessary for kidnapping. In order to rape Abby, Joseph committed the
crime of forceful confinement and asportation, which is defined as having the
particular intent or purpose to "commit a separate offense." Joseph may
therefore be charged with and found guilty of both rape and kidnapping if the
other components of kidnapping are present.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
Joseph and Abby go over the example in Section 10. Modify this scenario so
that Abby is dragged to Joseph's car, where she is placed in the trunk. He then
drives fifteen miles to an abandoned field, where he takes her out of the trunk
and rapes her. In most jurisdictions, Joseph most likely possesses the criminal
intent necessary for kidnapping. In order to rape Abby, Joseph committed the
crime of forceful confinement and asportation, which is defined as having the
particular intent or purpose to "commit a separate offense." Joseph may
therefore be charged with and found guilty of both rape and kidnapping if the
other components of kidnapping are present.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
Joseph and Abby go over the example in Section 10. Modify this scenario so
that Abby is dragged to Joseph's car, where she is placed in the trunk. He then
drives fifteen miles to an abandoned field, where he takes her out of the trunk
and rapes her. In most jurisdictions, Joseph most likely possesses the criminal
intent necessary for kidnapping. In order to rape Abby, Joseph committed the
crime of forceful confinement and asportation, which is defined as having the
particular intent or purpose to "commit a separate offense." Joseph may
therefore be charged with and found guilty of both rape and kidnapping if the
other components of kidnapping are present.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
Joseph and Abby go over the example in Section 10. Modify this scenario so
that Abby is dragged to Joseph's car, where she is placed in the trunk. He then
drives fifteen miles to an abandoned field, where he takes her out of the trunk
and rapes her. In most jurisdictions, Joseph most likely possesses the criminal
intent necessary for kidnapping. In order to rape Abby, Joseph committed the
crime of forceful confinement and asportation, which is defined as having the
particular intent or purpose to "commit a separate offense." Joseph may
therefore be charged with and found guilty of both rape and kidnapping if the
other components of kidnapping are present.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
Joseph and Abby go over the example in Section 10. Modify this scenario so
that Abby is dragged to Joseph's car, where she is placed in the trunk. He then
drives fifteen miles to an abandoned field, where he takes her out of the trunk
and rapes her. In most jurisdictions, Joseph most likely possesses the criminal
intent necessary for kidnapping. In order to rape Abby, Joseph committed the
crime of forceful confinement and asportation, which is defined as having the
particular intent or purpose to "commit a separate offense." Joseph may
therefore be charged with and found guilty of both rape and kidnapping if the
other components of kidnapping are present.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
Joseph and Abby go over the example in Section 10. Modify this scenario so
that Abby is dragged to Joseph's car, where she is placed in the trunk. He then
drives fifteen miles to an abandoned field, where he takes her out of the trunk
and rapes her. In most jurisdictions, Joseph most likely possesses the criminal
intent necessary for kidnapping. In order to rape Abby, Joseph committed the
crime of forceful confinement and asportation, which is defined as having the
particular intent or purpose to "commit a separate offense." Joseph may
therefore be charged with and found guilty of both rape and kidnapping if the
other components of kidnapping are present.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
Joseph and Abby go over the example in Section 10. Modify this scenario so
that Abby is dragged to Joseph's car, where she is placed in the trunk. He then
drives fifteen miles to an abandoned field, where he takes her out of the trunk
and rapes her. In most jurisdictions, Joseph most likely possesses the criminal
intent necessary for kidnapping. In order to rape Abby, Joseph committed the
crime of forceful confinement and asportation, which is defined as having the
particular intent or purpose to "commit a separate offense." Joseph may
therefore be charged with and found guilty of both rape and kidnapping if the
other components of kidnapping are present.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
A Case Example Without Kidnapping Attendant Circumstances
At night, Thomas spots Shawna hitchhiking on the side of a major highway.
After stopping and lowering the window, Thomas asks Shawna if she would
like a ride. With a "yes," Shawna gets into Thomas's car. Shawna sits in the
front seat as Thomas drives off. In this instance, Thomas has not engaged in
kidnapping. The facts do not show that Thomas had the explicit intent to hurt
Shawna, demand a ransom, hold her in secret, or commit a different crime, even
though he did confine her and transfer her in his car. Shawna also agreed to the
asportation and incarceration. As a result, Thomas's actions can be entirely
lawful (unless hitchhiking is prohibited in Thomas's state) and the
accompanying circumstance element for kidnapping is likewise missing.
An Illustration of a Kidnapping Attendant Situation
Modify the scenario in Section 10 so that Shawna requests Thomas to stop and
let her out after she has driven fifty miles. Thomas declines, says he will hurt
Shawna if she attempts to get out, and drives on with her in the front seat for
another twenty miles. Thomas may have committed kidnapping in this instance
if he had the appropriate intent. When Shawna asked Thomas to stop and
release her, the imprisonment or asportation was done against her will and
without her agreement, even though her initial entry inside Thomas's car and her
asportation for the first fifty miles were voluntary. Thomas may face charges or
be found guilty of kidnapping if the fact-finder finds that twenty miles is a
sufficient distance to constitute asportation.
