Dictionary of Law
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kidnapping :: legal definition


Kidnapping - (also spelled kidnaping) n. the taking of a person against his/her will (or from the control of a parent or guardian) from one place to another under circumstances in which the person so taken does not have freedom of movement, will, or decision through violence, force, threat or intimidation. Although it is not necessary that the purpose be criminal (since all kidnapping is a criminal felony) the capture usually involves some related criminal act such as holding the person for ransom, sexual and/or sadistic abuse, or rape. It includes taking due to irresistible impulse and a parent taking and hiding a child in violation of court order. An included crime is false imprisonment. Any harm to the victim coupled with kidnapping can raise the degree of felony for the injury and can result in a capital (death penalty) offense in some states, even though the victim survives. Originally it meant the stealing of children, since "kid" is child in Scandinavian languages, but now applies to adults as well.


Related Law Terms

abduction :: n. the criminal taking away of a person by persuas ... g of children. See also: kidnapping
abuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay.
ad litem :: adj. legal Latin meaning "for the purposes of the ... of age. See also: guardian ad litem
adoption :: n. the taking of a child into one's family, creati ... the child are met. See also: adopt
after-acquired property :: n. 1) personal or real property acquired by a debt ... lso: bankruptcy secured transaction
Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people.
character witness :: n. a person who testifies in a trial on behalf of ... ases and civil cases such as fraud.
child :: n. 1) a person's natural offspring. 2) a person 14 ... almost all states. See also: minor
child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody
child support :: n. court-ordered funds to be paid by one parent to ... ild custody divorce spousal support
civil :: adj. 1) that part of the law that encompasses busi ... also: civil liberties civil rights
corporation :: n. an organization formed with state governmental ... ation public corporation securities
descent :: n. the rules of inheritance established by law in ... on inheritance intestate succession
disinherit :: v. to intentionally take actions to guarantee that ... rorem clause pretermitted heir will
emancipation :: n. freeing a minor child from the control of paren ... vorced parent to pay child support.
false arrest :: n. physically detaining someone without the legal ... sment. See also: false imprisonment
felony murder doctrine :: n. a rule of criminal statutes that any death whic ... arged with murder. See also: murder
foster child :: n. a child without parental support and protection ... local government or a state agency.
fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud
guardian :: n. a person who has been appointed by a judge to t ... torship. See also: conservator ward
heir :: n. one who acquires property upon the death of ano ... y pretermitted heir succession will
impute :: v. 1) to attach to a person responsibility (and th ... also. See also: vicarious liability
indictment :: n. a charge of a felony (serious crime) voted by a ... ictable offense preliminary hearing
insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity
interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing
joint custody :: n. in divorce actions, a decision by the court (of ... em. See also: child custody divorce
joint tenancy :: n. a crucial relationship in the ownership of real ... ty property tenancy in common title
jump bail :: v. to fail to appear for a court appearance after ... also: bail bail bond bail bondsman
legatee :: n. a person or organization receiving a gift of an ... eficiary devise devisee legacy will
lineup :: n. a law enforcement method used in an attempt to ... entification is precarious at best.
murder :: n. the killing of a human being by a sane person, ... premeditation second degree murder
no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence
parental neglect :: n. a crime consisting of acts or omissions of a pa ... usive or sexually predatory person.
presumption :: n. a rule of law which permits a court to assume a ... resumption at all, but a certainty.
pretermitted heir :: n. the child of a person who has written a will in ... cified $10,000 each. See also: heir
principal :: n. 1) main person in a business. 2) employer, the ... ry agency agent respondeat superior
prior(s) :: n. slang for a criminal defendant's previous recor ... es for the third felony conviction.
privilege against self incrimina-tion :: n. a right to refuse to testify against oneself in ... so: Bill of Rights taking the Fifth
probate :: 1) n. the process of proving a will is valid and t ... e also: administrator executor will
promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury
proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence
sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence
sodomy :: n. anal copulation by a man inserting his penis in ... tiality). See also: bestiality rape
theft :: n. the generic term for all crimes in which a pers ... rglary embezzlement larceny robbery
will :: n. a written document which leaves the estate of t ... will and testament probate testator
wrongful death :: n. the death of a human being as the result of a w ... ual beneficiaries (family members).

Popular Law Searches

legal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.
chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity
testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will
contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger."
mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor.
clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate.

Other Law Terms - K

K :: n. the shorthand symbol for "contract" used almost ... rsally by lawyers and law students.
kangaroo court :: n. 1) a mock court set up without legal basis, suc ... See also: star chamber proceedings
kidnapping :: (also spelled kidnaping) n. the taking of a person ... but now applies to adults as well.
kin :: n. blood relative. See also: next of kin ... ood relative. See also: next of kin