Georgia Jury Instruction - Kidnapping
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FAQ
Crimes and Offenses § 16-5-40. (a) A person commits the offense of kidnapping when such person abducts or steals away another person without lawful authority or warrant and holds such other person against his or her will.
A person commits the offense of false imprisonment when, in violation of the personal liberty of another, he arrests, confines, or detains such person without legal authority.
If you receive three strikes on your record, either as a result of your kidnapping charges or following your kidnapping conviction, you will be sentences to a mandatory minimum sentence of 25 years-to-life in a California state prison.
Punishment of kidnapping is discussed under the section 363 of the IPC, 1860, which says that if any person commits the act of kidnapping a person from India or from the lawful guardianship, will be punished with an imprisonment of either described term which may extend to seven years or shall be liable for a fine.
False imprisonment is a felony punishable by up to 14 years in prison. The penalties are even more severe if the defendant confined the victim for more than 12 hours or if the victim was a child under the age of 14.
For standard kidnapping charges, Georgia code §16-5-40 imposes a minimum of ten year and a maximum of 20 years in prison when the victim is over the age of 14. Kidnapping of a minor under the age of 14 can result in a minimum of 15 years in prison.
This is a felony in Georgia, with the minimum penalty being 10 years in prison and heaviest being life imprisonment or a death sentence. With such severe potential punishments, allegations of child kidnapping by a family member should not be taken lightly.
A suspect will receive life in prison or the death penalty if the kidnapping was for ransom or if the victim received bodily injury. Repeat offenders will receive longer prison sentences. However, a fourth felony conviction will carry a penalty of life in prison with no chance of parole.