Kidnapping

Question 1

What are the elements of kidnapping 265/26 (two types)

Answer 1

• Unlawful (without lawful authority)

-Intentional (The suspect intentionally)

two types

Type 1- Forcibly or secretly confined another person against their will

or

Type 2- Inveigled another with intent to forcible or secretly confine them against their will

Question 2

What are the two types of force that can be used for kidnapping?

Answer 2

Direct or Constructive

Question 3

What is Constructive force?

Answer 3

Force by threats and displays
(Example: SP whispers he has a gun in his pocket and the victim better follow him)

Question 4

Type 2 kidnapping can be accomplished by inveigled. What is the definition Inveigle

Answer 4

To lure or entice by false representation

Question 5

One of the essential elements of kidnapping is confinement of the victim against his or her will. What are the three ways to prove that the confinement was without the victims consent

Answer 5

1)Force (Grabs someone and pushes them into the car)

2) Fraud (Lie to the victim so that she comes to a warehouse thinking its a modeling shoot)

3)Tender years

Question 6

For kidnapping there does not have to be any evidence that the suspect intended to commit some other _______, such as rape, in connection with the kidnapping

Answer 6

felony

Question 7

What is the tender years doctrine

Answer 7

A child who is 12 years old or younger cannot consent to go with a stranger without parents knowledge of their parent
( Aka cannot use defense of child under 12 went willingly with defendant)

Question 8

Who is protected under the parental or relative kidnapping statue 265/26A

Answer 8

1) Child under 18

2) incompetent persons

3) People entrusted by the law to an institution

Question 9

If a child is kidnapped by parent and it not in immediate danger what is the suggested police protocol ?

Answer 9

It no immediate danger, assess the relationship of of the parties, sent the complaint to the probate cort or contact the suspect

Question 10

When a child under 18 is kidnapped by a parent what are the two things that turn this offense into a felony under 265/26A

Answer 10

1) The child is exposed to danger

2)The child is taken out of Massachusetts

Question 11

An unmarried parent does not _________ have lawful authority to hold or take their child

Answer 11

Automatically

Question 12

The venue for for kidnapping and parent kidnapping allows these offenses to be tried in the county where the victim was seized or in any county where the victim was __________,__________ or _________

Answer 12

Confined
Carried
Brought

Question 13

For enticement of a child under 265/26C the victim must be or believed to be under the age of

Answer 13

16

Question 14

What is an officers right of arrest for enticement

Answer 14

Felony

Question 15

What are the four elements of enticement of a child

Answer 15

1) Entice (Means to invite)

2)Under 16 (or believed to be)

3) To enter, exit or remain at a location

4) Suspect intends any sexual or violent crime

(Simply invite under 16, location, intend sex or violence)

Question 16

Enticement may be done for the benefit of a ______ _____

Answer 16

Third Party

Question 17

Electronic Enticement for Sex 265/26D requires that a suspect use electronic communication to entice a child under _____ years of age for prostitution or trafficking

Answer 17

18