Introduction
Kidnapping is a crime that receives apt media attention due to the demographic it mostly affects. Whereas statistics for adult abductions are minimal, child kidnappings often account for the cases reported to the authorities. The criminal act element for kidnapping involves removing an individual against their will from their current location and taking them to a secondary one (Montaldo, 2019). It is important to note that the movement must be consequential and not slight, thus encompassing an essential part of the crime. Alternatively, the victim may be confined to a specific space in a way that infringes on their liberties (Montaldo, 2019). The restrictions particularly affect freedom of movement and classify it as a criminal act.
Discussion
Regarding criminal intent, it defines the resolve a person carries out an act with, whether specific, general, or constructive. In a kidnapping, the intent is often nefarious, circulating the collection of a ransom to return the victim (Schreiber, 2023). Extortion is an additional unlawful motive that may spur criminals into action. In some custody cases, parents or legal guardians may transport children across state lines while undergoing divorce proceedings. Different states may have conflicting laws about custody, which instigates kidnapping charges.
The final aspect in analyzing the crime of kidnapping is the harm element. The harm element is considered if the crime requires a bad result. In kidnapping, confinement to a restricted space or movement of the person from one location to another defines this third element (Schreiber, 2023). First-degree kidnappings usually include a clause that accounts for bodily injury delivered to the victim. Nonetheless, several state jurisdictions do not require the movement or asportation element when the crime is for ransom.
Conclusion
In conclusion, kidnapping involves unlawfully restricting a person against their will or unwillingly transporting them to a second location. These two aspects encompass the criminal act element, whereas ransom, extortion, or physical injury are the criminal intent elements. Finally, the harm element is either asportation or confinement, the former of which is not required by most jurisdictions if the act is engineered for ransom purposes.
References
Montaldo, C. (2019). What exactly is the crime of kidnapping? ThoughtCo. Web.
Schreiber, B. A. (2023). Kidnapping. Encyclopædia Britannica. Web.