Kidnapping of a minor in any circumstance is considered a sex crime and will require the defendant to register on the sex offender registry (if convicted). If the victim is abducted to be used as ransom, or if the defendant intends to inflict bodily harm, rape, or force the minor into sex work, the defendant is guilty of kidnapping in the first degree.
Second Degree: If a victim was returned safely and did not suffer any injury or sexual assault, you may be charged with second degree kidnapping. This is a Class E felony; you could face a minimum of 15 to a maximum of 88 months in jail.
First Degree: If the victim was not returned safely, or suffered violence and/or sexual assault, you may be charged with first degree kidnapping. This is a Class C felony; you could face 44 to 231 months in jail.
There are ways to defend against sex crime charges. In the case of sexual battery, assault, or kidnapping but in reality, you must prove your innocence, or show that the act was consensual. Mental illness, insanity, or in rare cases, intoxication, may also help your defense.
Kidnapping, in either the first or second degree, does not require that the person actually be taken away from the building or automobile that they are in. It is sufficient if a person is restrained against their will. that they are moved from where they are to wherever it is that you want them to be (regardless of how slight a movement or length of time that they are so restrained). And that the action was taken to facilitate the commission of a felony or sex offense or to provide a means for escape such as hostage taking and the victim did not consent.
If you have been charged with kidnapping, you want to use an aggressive defense to keep you out of jail. Call Wilmington and New Hanover County's William T. Peregoy, Attorney at Law, PLLC immediately.