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NJLawman.com    >    Promotional Exam Resource Center    >    Kidnapping, Criminal Restraint & False Imprisonment

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Kidnapping, Criminal Restraint & False Imprisonment




NJLawman.com
Police and Law Enforcement News
Thursday, March 21, 2013 10:04 a.m.

 

Whether making the call at a scene or answering a question on the promotional exam, officers must have a solid knowledge of the statutes for Kidnapping, Criminal Restraint, and False Imprisonment and must know the differences between each.

Let's start with the easiest and least serious of the three: False Imprisonment.  The statute is just one paragraph:

2C:13-3.  False imprisonment

A person commits a disorderly persons offense if he knowingly restrains another unlawfully so as to interfere substantially with his liberty.  In any prosecution under this section, it is an affirmative defense that the person restrained was a child less than 18 years old and that the actor was a relative  or legal guardian of such child and that his sole purpose was to assume control  of such child

It's simple: restraining another and substantially interfering with their liberty.  And it's always a DP offense.

When you have just the "restraining of another," you have False Imprisonment.  When you add another element, you get Criminal Restraint.

2C:13-2.  Criminal Restraint

A person commits a crime of the third degree if he knowingly:

a.  Restrains another unlawfully in circumstances exposing the other to risk  of serious bodily injury;  or

b.  Holds another in a condition of involuntary servitude.

The creation by the actor of circumstances resulting in a belief by another that he must remain in a particular location shall for purposes of this section be deemed to be a holding in a condition of involuntary servitude.

In any prosecution under subsection b., it is an affirmative defense that the person held was a child less than 18 years old and the actor was a relative  or legal guardian of such child and his sole purpose was to assume control of  such child.

Criminal Restraint is simple too.  If you have "restraining of another" along with exposing them to a risk of serious bodily injury or under a condition of involuntary servitude, you reach Criminal Restraint.  Make a mental note that the requirement is serious bodily injury, not just bodily injury.

Kidnapping gets a bit more complicated, but it is still rather straightforward. 

First, take a look at the statute with the grading section stripped out:

2C:13-1.  Kidnapping.

a. Holding for ransom, reward, or as a hostage. A person is guilty of kidnapping if he unlawfully removes another from the place where he is found or if he unlawfully confines another with the purpose of holding that person for ransom or reward or as a shield or hostage.

b. Holding for other purposes. A person is guilty of kidnapping if he unlawfully removes another from his place of residence or business, or a substantial distance from the vicinity where he is found, or if he unlawfully confines another for a substantial period, with any of the following purposes:

(1) To facilitate commission of any crime or flight thereafter;

(2) To inflict bodily injury on or to terrorize the victim or another;

(3) To interfere with the performance of any governmental or political function; or

(4) To permanently deprive a parent, guardian, or other lawful custodian of custody of the victim.

For simplicity, look at the statute as having just five components:

1.     Classic Kidnapping for ransom/reward or as a hostage or shield;

2.     To facilitate a crime or flight;

3.     To inflict bodily injury or terrorize the victim or another

4.     To interfere with the performance of a governmental or political function

5.     To permanently deprive a guardian of custody of the victim

It's really not that difficult. 

While less testable, there are some affirmative defenses built into the Kidnapping statute which you should know.  They're all common sense and something you would expect to see in the statute.  Take a quick look:

e.  It is an affirmative defense to a prosecution under paragraph (4) of subsection b. of this section, [the section on depriving a parent of custody of the victim] which must be proved by clear and convincing evidence, that:

(1) The actor reasonably believed that the action was necessary to preserve the victim from imminent danger to his welfare.  However, no defense shall be available pursuant to this subsection if the actor does not, as soon as reasonably practicable but in no event more than 24 hours after taking a victim under his protection, give notice of the victim's location to the police department of the municipality where the victim resided, the office of the county prosecutor in the county where the victim resided, or the Division of Child Protection and Permanency in the Department of Children and Families;

(2) The actor reasonably believed that the taking or detaining of the victim was consented to by a parent, or by an authorized State agency; or

(3) The victim, being at the time of the taking or concealment not less than 14 years old, was taken away at his own volition by his parent and without purpose to commit a criminal offense with or against the victim.

f. It is an affirmative defense to a prosecution under paragraph (4) of subsection b. of this section that a parent having the right of custody reasonably believed he was fleeing from imminent physical danger from the other parent, provided that the parent having custody, as soon as reasonably practicable:

(1) Gives notice of the victim's location to the police department of the municipality where the victim resided, the office of the county prosecutor in the county where the victim resided, or the Division of Child Protection and Permanency in the Department of Children and Families; or

(2) Commences an action affecting custody in an appropriate court.

g. As used in subsections e. and f. of this section, "parent" means a parent, guardian or other lawful custodian of a victim.

So, a final breakdown may look like this:

2C:13-1.  Kidnapping

Unlawfully removes another from his place of residence or business, or a substantial distance from the vicinity where he is found, or if he unlawfully confines another for a substantial period, with any of the following purposes

1.     Classic Kidnapping for ransom/reward or as a hostage or shield;
2.     To facilitate a crime or flight;
3.     To inflict bodily injury or terrorize the victim or another
4.     To interfere with the performance of a governmental or political function
5.     To permanently deprive a guardian of custody of the victim

2C:13-2.  Criminal Restraint

A person commits a crime of the third degree if he knowingly:

a.  Restrains another unlawfully in circumstances exposing the other to risk  of serious bodily injury;  or
b.  Holds another in a condition of involuntary servitude.

2C:13-3.  False imprisonment

Unlawful restraining another.

-NJLawman.com

 

 

 

   

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