New Jersey Statutes – Title 2C The New Jersey Code of Criminal Justice – 2C:13-1 is all about kidnapping.  Kidnapping means holding another person for ransom, reward or as a hostage, or unlawfully removing another person to:

(1)  facilitate commission of any crime or flight;

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

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

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

For example, NJ.com reported January 9, 2010 in “Newton pet store owner kidnapped, taken to Missouri at gunpoint” that a Newton, NJ pet store owner was kidnapped by three men who Tasered him, bound his hands and feet and took him on a 24-hour road trip to Missouri at gunpoint.  The pet store owner, age 61, gained his freedom after a convenience store clerk dialed 911 when he saw him struggling with his captors after the men’s car broke down. The three kidnappers, all from Missouri, faced assault, weapons and drug charges, and were expected to be charged with kidnapping, and extradited to New Jersey.  According to the Daily Record on March 30, 2011 in “Missouri man admits role in botched NJ kidnapping”, a year later, one of the Missouri men, age 22, pleaded guilty in Newton, NJ, to first-degree kidnapping and three lesser charges.  Sussex County, NJ prosecutors recommended he get an 18-year state prison term.  The men thought the pet store owner was a New York money broker who had the same name.

Even when a person takes the wrong person, it is still kidnapping, though an experienced New Jersey criminal defense attorney may try to argue the lesser crime of attempt instead of the actual commission of a crime.  Attempt requires specific intent to commit a criminal act coupled with a substantial step toward commission of the intended crime.

For instance, Don walks up to Harriet with a real gun, and says:  “You’re coming with me.”  Don has the specific intent to kidnap Harriet and commits a substantial step toward the crime by confining her with a pointed gun, and telling her to move against her will.  Let’s say Harriet believes the gun is a toy, and responds to Don with:  “Go on home.”  Don leaves without completing the crime because Harriet believes the gun was a toy, but Don had the specific intent to commit kidnapping and if Don were charged with attempted kidnapping, he could be properly convicted.

When accused of kidnapping, engage an experienced criminal defense attorney who can argue for decreased sentencing or reduced monetary fines.  Contact the Law Office of Jason Volet at (732) 503-8968 or fill out the form on the right.