The meaning of abduction is to take someone by force and against their free will; which in turn, is a violation of a person’s freedom and legal rights. Though being charged with abduction in Virginia is not punishable by death or life in prison, it is still considered a serious offense that can land you a number of years in prison and a hefty fine. Furthermore, it can also land you a number of restrictions, if the victim is considered to be a minor (or is under the legal age, which is 18 years old) by the State.
Proving the accused guilty:
In order to prove that the accused is indeed guilty of abduction, the prosecutor needs to prove in the court of law, that the offender:
- used deception, force or intimidation
- detained someone or took them against their will
- had malice or criminal intent
- did not have legal authority to detain the victim
- concealed or withheld the victim from the authorities and concerned personnel
Abduction was of a minor:
If the accused is charged with the abduction of a minor then according to Va. Code §18.2-370.2, the offender is ordered to stay 100 feet away from places where children are found such as schools and playgrounds.
Penalties of abduction related crimes:
If a person is accused and then proven guilty in a court of Virginia, then they will face appropriate punishments, depending on their crimes. Here are some possible charges and the penalties you can get for these offenses:
- Abduction or kidnapping (Class 5 felony) – Up to 10 years in prison
- Aggravated abduction (Class 2 felony) – Up to 20 years in prison
- Parental kidnapping in violation of a court order (Class 6 felony) – Up to 5 years in prison
- Attempted abduction by an immediate family member (Class 2 misdemeanor) – Up to 6 months in jail and a fine up to $1000
- Aiding abduction with an intent to defile – From one to 10 years in prison
- Aiding abduction of a female for prostitution – Up to 10 years in prison and a fine of $2,500
- Threatening abduction for monetary benefit or extortion (Class 5 felony) – Up to 10 years in prison and a fine of up to $2,500
- Threatening abduction with an intent to defile (Class 5 felony) – Up to 10 years in prison
- Threatening abduction of a female (aged 16 years or less) for prostitution (Class 5 felony) – Up to 10 years in prison
- Threatening abduction by an immediate family member (Class 2 misdemeanor) – Up to 6 months in jail and a fine up to $1000
- Failure to Report an Abduction (Class 2 misdemeanor) – Up to 6 months in jail and a fine up to $1000
- Taking a hostage by a prisoner or escaped prisoner (Class 3 felony) – A prison sentence ranging from 5 to 20 years
- Trespassing on a school bus or school property for the abduction of a student [does not include parental abduction (Class 6 felony)] – Up to 5 years in prison