Kidnapping In Washington
KIDNAPPING
What qualifies as Kidnapping?
In Washington State, some crimes have different levels of classifications of that offense, with the most serious classifications having the most serious consequences. Kidnapping has two levels of seriousness, with Kidnapping in the First Degree being the most serious, and Kidnapping in the Second Degree being the lesser. Both charges require an allegation that a person has been abducted.
Abducting is defined by RCW 9A.40.010 as:
Restraining by either secreting (hiding) or holding a person (physically restraining them)
Without that person’s consent
There must be some evidence that the defendant in fact limited the victim's liberty. (State v. Dillon, 163 Wn.App. 101, 257 P.3d 678 (2011))
If not all of these elements are met you cannot be found guilty of Kidnapping. So it must be proven beyond a reasonable doubt that you both restrained the person, and it was against there consent, along with the other elements discussed for each particular charge below.
Domestic Violence Charges
Kidnapping can be charged as a domestic violence charge. This is because there is often a relationship between the person being charged and the alleged victim in these cases. Domestic violence does not define what the offense is, it only is a designator of a relationship between the parties which can be a dating, roommate, or familial relationship. For a detailed overview of what makes a charge a domestic violence charge, and what the consequences are, please read our article on them, here.
KIDNAPPING IN THE SECOND DEGREE
What is Kidnapping in the Second Degree?
Under RCW 9A.40.030, Kidnapping in the Second Degree is a Class B felony defined as abducting a person under circumstances that do not qualify as a First Degree kidnapping (below). This charge carries serious consequences, as it is a “strike” offense, and if convicted, it can also require you to register on the sex offense and kidnapping registry.
Kidnapping cases can sometimes arise in custody disputes. Under this statute, it is a defense to Kidnapping in the Second Degree if it is proven by a preponderance of evidence that:
You did not use or intend to use a threat of deadly force;
You are a relative of the abducted person and
Your sole intent was to assume custody of that person.
What are the potential consequences of a charge for Kidnapping in the Second Degree?
Jail or Prison Time
For a Class B felony the possible range is 0-10 years.
For a felony there is the possibility of prison time, which is time over one year. Time less than one year would be served at a county jail. Possible prison time varies based on your offender score which is calculated based on the charges you have and your criminal history.
Because this is a strike offense, if this is your third strike you could be facing life in prison.
Probation or DOC Supervision
For felonies, if you are sentenced to prison time, then the Department of Corrections will supervise you after your release for a time period that varies based on your charges and criminal history.
If you serve time in local county jail then your probation will be supervised by the court.
Registration
A conviction for Kidnapping can land you on the Sex Offense and Kidnapping Registry
Fines and Restitution
The possible fines for this charge range from $0-$20,000
Restitution is reimbursement to the victim and may vary, it is considered when the victim requests it.
Classes
You may be subject to classes, for example domestic violence classes, anger management or drug and alcohol classes
No Contact Order
Courts commonly issue no contact orders, and can do so even over the victim’s objections
Loss of Firearm Rights
Because this charge is a felony, you can lose your right to possess a firearm for life
Read more about consequences of domestic violence charges here.
KIDNAPPING IN THE FIRST DEGREE
What is Kidnapping in the First Degree?
Under RCW 9A.40.020, Kidnapping in the First Degree is Class A felony. This charge carries serious consequences, as it is a “strike” offense, and if convicted, it can also require you to register on the sex offense and kidnapping registry.
Kidnapping in the First Degree is defined a abducting a person with any of the following intentions:
To hold the person hostage
To demand a ransom or reward
To inflict bodily injury on them
To inflict extreme mental distress on them or someone else
to interfere with performance of a government function
To facilitate the commission of any felony (for example Assault, Rape, or Murder)
To facilitate flight after the commission of any felony
What are the potential consequences of a charge for Kidnapping in the First Degree?
Jail or Prison Time
The potential range for a Class A felony is 0-life.
For a felony there is the possibility of prison time, which is time over one year. Time less than one year would be served at a county jail. Possible prison time varies based on your offender score which is calculated based on the charges you have and your criminal history.
Because this is a strike offense, if this is your third strike you could be facing life in prison.
Probation or DOC Supervision
For felonies, if you are sentenced to prison time, then the Department of Corrections will supervise you after your release for a time period that varies based on your charges and criminal history.
If you serve time in local county jail then your probation will be supervised by the court.
Registration
a conviction for Kidnapping can land you on the Sex Offense and Kidnapping Registry
Fines and Restitution
The possible fines for this charge range from $0-$50,000
Restitution is reimbursement to the victim and may vary, it is considered when the victim requests it.
Classes
You may be subject to classes, for example domestic violence classes, anger management or drug and alcohol classes
No Contact Order
Courts commonly issue no contact orders, and can do so even over the victim’s objections
Loss of Firearm Rights
Because this charge is a felony, you can lose your right to possess a firearm for life
WHAT CAN I DO ABOUT A CHARGE FOR KIDNAPPING?
What should I do if I am accused of Kidnapping?
If you are being accused of a crime or are subject to a law enforcement investigation, please read more about your options here. Even if charges have not been filed yet, there are things an attorney can do to help. Most importantly, in some cases we can work to stop those charges from being filed. If you are in this situation you can schedule a free consultation here.
What should I do if I am charged with Kidnapping?
If you have been charged and given a court date, you absolutely will need an attorney’s help to fight those charges, as the risks associated with a Kidnapping charge are great. Read more about what to do if you have been arrested here, or charged with a crime here.
What if the alleged victim wants to drop the charges against me?
Sometimes this charge stems from interactions with a friend, partner or family. We have addressed this issue in detail in our article, here. However, the short answer is that the alleged victim cannot make the charges go away. Only the district attorney has control over whether or not charges will be filed, and you will need an attorney’s help to fight them on that. That being said, we can work with the district attorney to stop them from filing charges against you, and tell you how the victim’s participation, or lack thereof, in the case against you can impact your case.
Can I get my case dismissed?
The answer to this question will completely depend on the facts of your case. In any case a dismissal of the charges is the best case scenario, and there are multiple ways of getting one - outright, by completing a diversion program, or by winning a trial. In some cases you may be able to get your case amended down to the lesser charge of Unlawful Imprisonment which carries less harsh sentences and consequences.
