Kidnapping

Kidnapping, a word derived from kid = 'child' and nap (nab) = 'snatch', recorded since 1673, was originally used as a term for the practice of stealing children for use as servants or laborers in the American colonies. [1]

Definition

It has come to mean any illegal capture or detention of a person or people against their will, regardless of age, as for ransom; since 1768 the term abduction was also used in this sense.

Another case is when two countries are at war: enemy soldiers may be captured in another country and detained as prisoners of war under the law of the capturer's state, and suspected war criminals and those suspected of genocide or crimes against humanity may be arrested.

• Although the victims are usually called hostages, this term also applies to legal hostage-taking, commonly practiced by governments in the past.

Scope of application in the United States

In criminal law, kidnapping is the taking away or asportation of a person against the person's will, usually to hold the person in false imprisonment, a confinement without legal authority. This is often done for ransom or in furtherance of another crime. A majority of jurisdictions in the United States retain the "asportation" element for kidnapping, where the victim must be confined in a bounded area against their will and moved. Any amount of movement will suffice for the requirement, even if it is moving the abductee to a house next door. In the Commonwealth of Massachusetts, however, the asportation element has been abolished. Note that under early English common law, the asportation element required that the victim be moved outside the realm of England or overseas in order for an abduction to be considered "kidnapping."

Kidnapping for ransom is almost nonexistent in the United States of America today, due in great part to the Federal Bureau of Investigation's aggressive stance toward kidnapping. The Bureau made kidnap for ransom a special priority, and continues to do so today. It pursues kidnap cases ferociously, as FBI agents who have rescued kidnap victims have been known to describe the rescue as a personal high point of a career.

There are several deterrents to kidnapping in the United States of America.

1. The extreme logistical challenges involved in exchanging the money for the victim,
2. Harsh punishment. Convicted kidnappers can expect to face life imprisonment or death penalty if convicted. In many states kidnapping is the only capital crime other than murder.

The harsh sentences imposed, and the much worse risk to benefit ratio compared to other crimes, has caused kidnap for profit to virtually die out in the United States. One notorious failed example of kidnap for ransom was the Chowchilla bus kidnapping, in which 26 children were abducted with the intention of bringing in a $5 million ransom.

In the past, and presently in some parts of the world kidnapping is a common means used to obtain slaves. In more recent times, kidnapping in the form of shanghaiing (or "pressganging") men was used to supply merchant ships in the 19th century with sailors, whom the law considered unfree labour. See also impressment.

Kidnapping can also take place in the case of deprogramming, a now rare practice to convince someone to give up his commitment to a new religious movement, called a cult or sect by critics, that the deprogrammer considers harmful.

Stockholm syndrome is a term used to describe the relationship a hostage can build with their kidnapper.

Kidnapping versus abduction

In the terminology of the common law in many jurisdictions (according to Black's Law Dictionary), the crime of kidnapping is labelled abduction when the victim is a woman. In modern usage, kidnapping or abduction of a child is often called child stealing, particularly when done not to collect a ransom, but rather with the intention of keeping the child permanently (often in a case where the child's parents are divorced or legally separated, whereupon the parent who does not have legal custody will commit the act; then also known as "childnapping"). The word "kidnapping" was originally "kid nabbing," in other words slang for "child stealing," but is no longer restricted to the case of a child victim.

Child abduction / child stealing can refer to children being taken away without their parents' consent, but with the child's consent. In England and Wales it is child abduction to take away a child under the age of 16 without parental consent

Kidnapping in English law

This is a common law offense requiring:

that one person takes and carries another away;

by force or fraud;

without the consent of the person taken; and

without lawful excuse.

It would be difficult to kidnap without also committing false imprisonment which is the common law offense of intentionally or recklessly detaining the victim. The use of force to take and detain will also be an assault and other related offences may also be committed before, during or after the detention.

Named forms

• Bride kidnapping is a term often applied more loosely, to include any bride physically 'abducted' against the will of her parents, even if she is willing to marry the 'abductor'. It still is traditional amongst certain nomadic peoples of Central Asia. It has seen a resurgence in Kyrgystan since the fall of the Soviet Union and the subsequent erosion of women's rights.
• Tiger kidnapping is taking an innocent hostage to make a loved one or associate of the victim do something, e.g. a child is taken hostage to force the shopkeeper to open the safe; the term originates from the usually long preceding observation, like a tiger does on the prowl.

According to a 2003 Domestic Violence Report in Colorado, out of a survey of 189 incidents, most people (usually white females) are taken from their homes or residence by a present or former spouse or significant other. They are usually taken by force, not by weapons, and usually the victims are not injured when they are let free or rescued.

Child abduction

Child abduction is the abduction or kidnapping of a child (or baby) by an older person.

Several distinct forms of child abduction exist:

• A stranger removes a child for criminal or mischievous purposes
• A stranger removes a child (usually a baby) to bring up as that person's own child.
• A parent removes or retains a child from the other parent's care (often in the course of or after divorce proceedings).

While cases have been reported from antiquity, this phenomenon has recently taken on greater awareness as a result of movies and television series (example: Without a Trace) depictions of the premise of people who remove children from strangers to bring up as their own often after the death of their own child.

Abductions by strangers or family

Removal by stranger

Perhaps the most feared (although not the most common) kind of abduction is removal by a stranger. The stereotypical version of stranger abduction is the classic form of "kidnapping," exemplified by the Lindbergh kidnapping, in which the child is detained, transported some distance, held for ransom or with intent to keep the child permanently. These instances are, however, rare.

Removal by stranger to raise as own

A very small number of abductions result from (typically) women who kidnap babies (or other young children) to bring up as their own. These women are often unable to have children of their own and seek to satisfy their unmet psychological need by abducting a child rather than by adopting. The crime is often premeditated, with the woman often simulating pregnancy to reduce suspicion when a baby suddenly appears in the household.

An example of child abduction is the case of Montana Barbaro, stolen in Melbourne, Australia on Saturday 7 August 2004. A male attacker knocked the mother to the ground, and a female removed the baby. They fled in a car. Montana was recovered some 40 hours later, unharmed. Similar cases include the abductions of Alex Griffiths, in 1990, and Abbie Humphries, in 1994. Both were infants snatched from their maternity ward, shortly after birth, by women intending to raise them as their own children.

Parental child abduction

By far the most common kind of child abduction is parental child abduction and often occurs when the parents separate or begin divorce proceedings. A parent may remove or retain the child from the other seeking to gain an advantage in expected or pending child-custody proceedings or because that parent fears losing the child in those expected or pending child-custody proceedings; a parent may refuse to return a child at the end of an access visit or may flee with the child to prevent an access visit. Parental child abductions may be within the same city, within the state region or within the same country, or may be international. Studies performed for the U.S. Department of Justice's Office of Juvenile Justice and Delinquency Prevention reported that in 1999, 53% percent of family abducted children were gone less than one week, and 21% were gone one month or more, NISMART National Family Abduction Report, October 2002

Depending on the laws of the state and country in which the parental abduction occurs, this may or may not constitute a criminal offence. For example, removal of a child from the UK for a period of 28 days or more without the permission of the other parent (or person with parental responsibility), is a criminal offence. Many US States have criminalized interstate child abduction and the National Conference of Commissioners on Uniform State Laws (NCCUSL) has undertaken a project to draft a uniform state law dealing with parental abduction. [2]

International child abduction

Serious problems can arise when parental abduction results in moving a child, with a parent, across an international border. The laws of the countries are different, and a foreign child custody order may not be recognized.

The Hague Convention on the Civil Aspects of International Child Abduction is an international treaty and legal mechanism to recover children abducted to another country by one parent or family member. The United States ratified this tready in 1988.

Examples of international child abduction include:

• Yasmine and Sara Pourhashemi
• Alia and Aisha, daughters of Patricia Roush

Children abducted for slavery in Africa

There are reports that abduction of children to be used or sold as slaves is common in parts of Africa.

The Lord's Resistance Army, a rebel paramilitary group operating mainly in northern Uganda, is notorious for its abductions of children for use as child soldiers or sex slaves. According to the Sudan Tribune, as of 2005, more than 20,000 children have been kidnapped by the LRA. [3]

References

ISBN links support NWE through referral fees

• Etymology on line
• Kyrgyz bride kidnap (current)
• [4]
• Sudanese slave trade (current): Slave by Mende Nazer and Damien Lewis ISBN 1-58648-212-2
• Save the Children

• Insight News documentary: China's Kidnapped Wives
• Court TV's - Criminal Psychology of child abduction

• BBC News report: West Africa's child slave trade, 6 August, 1999.
• Map of Missing Children in North America (using the Google Map API)

Credits

New World Encyclopedia writers and editors rewrote and completed the Wikipedia article in accordance with New World Encyclopedia standards. This article abides by terms of the Creative Commons CC-by-sa 3.0 License (CC-by-sa), which may be used and disseminated with proper attribution. Credit is due under the terms of this license that can reference both the New World Encyclopedia contributors and the selfless volunteer contributors of the Wikimedia Foundation. To cite this article click here for a list of acceptable citing formats.The history of earlier contributions by wikipedians is accessible to researchers here:

• Kidnapping  ^history
• Child_abduction  ^history

The history of this article since it was imported to New World Encyclopedia:

• History of "Kidnapping"

Note: Some restrictions may apply to use of individual images which are separately licensed.