Is Kidnapping a Federal Offense?

Kidnapping is a serious offense, which in some cases may be prosecuted as a federal crime. If you are facing kidnapping charges in Arizona, it is vitally important to understand whether you’ll be subject to state or federal charges, as this can ultimately have a significant impact on your conviction and sentencing. 

Generally speaking, there are six unique circumstances under which a kidnapping offense is escalated to the level of federal charges. These include:

Note that parental kidnapping—one of the most common kidnapping offenses— is generally handled on a state level unless the victim is transported internationally.

In some federal kidnapping cases, you may initially be taken into custody or investigated by local authorities only to find out that the case will be handled by federal law enforcement going forward. In any case, those facing kidnapping charges should seek out the assistance of an experienced criminal defense lawyer.

Kidnapping Charges in Arizona

Under Arizona Revised Statute (A.R.S.) 13-1304, kidnapping is defined as knowingly restraining another person with the intent to:

• Hold the victim for ransom, as a shield, or as a hostage
• Hold the victim for involuntary servitude
• Inflict death, physical injury, or commit a sexual offense, or other felony
• Place the victim or a third person in reasonable apprehension of imminent physical injury to the victim or the third person
• Interfere with the performance of a governmental or political function
• Seize or exercise control over any airplane, train, bus, ship, or other vehicle

Kidnapping under any of these circumstances will result in a class 2 felony, which is punishable by a presumptive 5 years in prison or up to 12.5 years with additional aggravating factors. Kidnapping may not be considered a class 2 felony if the victim is released voluntarily without physical injury in a safe place before arrest and before carrying out any of the above offenses. In this case, kidnapping is a class 4 felony.

Federal Kidnapping Charges in Arizona

If you are convicted of federal kidnapping under the federal criminal code 18 U.S.C. Section 1201, you may be subject to 20 years or more in federal prison.

If you are convicted of federal kidnapping under the federal criminal code 18 U.S.C. Section 1204 (referring to international parental kidnapping), you may be sentenced to 3 years in federal prison.

Possible Defenses to Kidnapping Charges

Whether you’re charged with federal or state kidnapping charges in Arizona, having experienced legal counsel can help you bring about the best possible case result, including dropped, dismissed, or reduced charges and lighter sentencing.

Possible legal defenses to kidnapping charges may include:

• Proof that the victim willingly accompanied the defendant
• In cases of parental kidnapping, the defendant misunderstood their parental rights or custody arrangement
• The defendant was coerced or blackmailed into committing kidnapping under threat of violence or force

Contact an Arizona Kidnapping Defense Attorney

If you’ve been charged with kidnapping, seeking the representation of a qualified Arizona kidnapping defense lawyer is essential. The criminal defense attorneys at Lerner and Rowe Law Group have decades of experience helping clients prove their innocence in court. Find out what our legal team can do for you and your case by contacting us for a no obligation consultation. 

Call us one of our conveniently located offices below, send us a message about your case, or get started talking to a representative online right now using our LiveChat feature. We offer affordable payment plans, non-judgmental legal assistance, and consultations are always free.