Part 4 Kidnapping And Related Offenses

Question 1

Define restraint

Answer 1

Restrict a persons movements in such a manner as to interfere substantially with the persons liberty by means of force threat or deception

OR

If the person is under the age of 18 or incompetent without the consent of the person who has lawful custody of the person

Question 2

Define substantial bodily injury

Answer 2

C - serious concussion
O - organs (tearing rupture or corrosive damage to the esophagus or other internal organs
B - bone fracture
B - burn second degree
S - skin (major avulsions, lacerations or penetration of the skin)

Question 3

Define serious bodily injury

Answer 3

Injury which creates a substantial risk of death or causes serious permanent disfigurement or protracted loss or impairment of function of any bodily member or organs

Question 4

Define kidnapping

Answer 4

If the person I or K restrains another with intent to

• hold for ransom/reward
• use person as shield/hostage
• facilitate a felony or flight thereafter
• inflict B I or subject to sexual offenses
• terrorize that person or 3rd person
• interfere with government/political functions
• unlawfully attain labor/services regardless if related to collection of a debt

Question 5

What is the classification of kidnapping

Answer 5

Class A felony

707-720

Question 6

What is the defense for kidnapping

Answer 6

Reduces down to Class B felony if the person is released alive and not suffering

Question 7

Define unlawful imprisonments in the 1st degree

Answer 7

KNOWINGLY restrains another person which exposes them to risk or SERIOUS bodily injury

Question 8

What is the classification for unlawful imprisonment 1st

Answer 8

Class C felony

707-721

Question 9

Define unlawful imprisonment in the 2nd degree

Answer 9

The person KNOWINGLY restrains another person

Question 10

What is the classification of unlawful imprisonment in the 2nd degree

Answer 10

Misdemeanor

707-721

Question 11

What is an affirmative defense to unlawful imprisonment in the 2nd degree

Answer 11

• Vic. less than 18 yrs.
• Def. is a relative of Vic.
• Def.’s intent to gain custody of Vic.
o In such case: Def.’s liability is governed by Custodial Interference 2nd (if at all)

OR
The subject is restrained:
• On/in store property
• In a reasonable manner
• For investigation by LEO/security/store owner
• For theft/shoplifting

Question 12

Define custodial interference in the 1st degree

Answer 12

1. I/K Violates a court order (or) takes/entices/conceals/detains a minor from someone w/ right to custody AND Removes the child from the state
   (OR)
2. I/K takes/entices/conceals/detains a minor LESS THAN 11 YRS. OLD from LAWFUL CUSTODIAN knowing they have no right to do so
   (OR)
3. I/K takes/detains/conceals/entices a minor away w/ intent to deprive person/agency of custody (w/o court order determining custody/visitation) AND Removes the minor from the state

Question 13

What is the classification for custodial interference in the 1st degree

Answer 13

Class C felony

707-726

Question 14

Define custodial interference in the 2nd degree

Answer 14

1. (I/K) takes/entices/conceals/detains a minor (knowing they have no right to do so)

(OR)

2. (I/K) takes/entices/conceals/detains any incompetent person, or other person entrusted by authority to the custody of another

Question 15

What is the classification for custodial interference in the 2nd degree

Answer 15

• if the Minor stays within the state it is a misdemeanor

- if the Minor is taken out of the state it is a class C felony