Charged With Abduction in Virginia

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