Legal Definition Of Kidnapping In Nevada
In Nevada, kidnapping is addressed by Chapter 200 of Title 15 – Crimes Against the Person. In particular, NRS Sections 200.310 to NRS 200.359 detail a range of offenses that could be classified as kidnappings under this chapter.
According to the legal standards, prosecutors and defendants have different evidence requirements in court. The prosecutor must demonstrate that the alleged kidnapping was done intentionally rather than inadvertently or by mistake. Without demonstrating this intent, however, a defendant can be acquitted as Nevada law specifies that if no purposeful confinement, removal, or concealment of another is established then it cannot be considered kidnap.
Understanding The Degrees Of Kidnapping in Las Vegas
When contending with kidnapping charges in Nevada, the repercussions can be daunting and could include the following:
A kidnapping charge is a felony and carries with it lifelong implications. Those convicted of the crime are often sentenced to lengthy prison terms, or even life in some cases. The exact consequences depend on what state you’re charged in, as well as the degree of your offense under Nevada law. Don’t let this moment define your future – act quickly to seek justice for yourself by seeking experienced legal representation from our Las Vegas kidnapping defense attorney if you’re facing such charges.
When it comes to kidnapping, there are two degrees of severity – first and second degree. The court will take into consideration key elements such as the motivation behind the abduction, its purpose, and further details surrounding any victims involved in order to assess which charges you face.
First-Degree Kidnapping Charges In Nevada
In accordance with Nevada’s Revised Statute 200.310, an individual will be charged with first-degree kidnapping if they willfully seize, confine, inveigle, entice, decoy, abduct or conceal another person for the purpose of:
- Kill them or inflict bodily harm
- Commit sexual assault
- Commit robbery
- Extort money out of family and relatives for the return of the person
According to Nevada’s Legal System, you are shielded from conviction of both 1st-degree kidnapping and robbery if the victim’s transfer was related to the crime or their danger wasn’t heightened. For this reason, it is essential that you reach out to a Las Vegas kidnapping defense lawyer for an in-depth understanding of your legal choices with respect to a first-degree kidnapping case. Penalties under Category A felony include:
- 5 years to life imprisonment with eligibility for parole after 5 years.
The consequences associated with a Category A felony are profoundly severe, so it is of the utmost importance to consult an accredited Nevada attorney and explore all potential solutions.
Second-Degree Kidnapping Charges In Nevada
In Nevada, first and second-degree kidnapping shares the same defining criteria. The distinction? First-degree is a Category A felony while second-degree is deemed a Category B felony. Punishment for these two categories differs significantly—which is why it’s critical to communicate with an experienced Las Vegas kidnapping defense attorney who understands how Nevada law governs kidnapping charges. If convicted of a Category B felony offense, you may face:
- 2-15 years in prison
- A possible fine of up to $15,000
A criminal defense lawyer can deliver invaluable insights into the extent of potential penalties you may face, taking into account any aggravating or mitigating circumstances associated with your case.
Second degree kidnaping is complete whenever it is shown that a person willfully and without lawful authority seizes another with the intent to keep him secretly imprisoned, or to detain him against his will; the proof of either alternative will support the charge. Stalley v. State, 91 Nev. 671, 541 P.2d 658, 1975 Nev. LEXIS 743 (Nev. 1975).
Child Custody Kidnapping Charges In Nevada
According to Nevada’s NRS 200.359, Child Custody Kidnapping is deemed a Category D Felony and is committed by any parent or custodial guardian who abducts their own offspring. In other words, when someone with legal custody of a minor unlawfully takes that child away from the rightful residential home without proper authorization, they may be charged with this violent crime punishable in court.
Despite being a relative, the abduction of a minor is still considered kidnapping. Even if the child willingly went with their family member, they may face felony charges and possibly imprisonment. The consequences for this Category D Felony are as follows:
- 1-4 years in prison
- A possible fine of up to $5,000
A conviction for child custody kidnapping can have a long-lasting impact in family court. If you are fighting for the care of your child and end up with a criminal charge, the family law judge may severely limit visitation time or even strip away future custody rights to your offspring. An experienced Las Vegas kidnapping defense lawyer is essential so that this does not come back to haunt you. The Spartacus Law Firm could possibly reduce any charges brought against you down to misdemeanors or completely wipe them from existence altogether. Reach out to our office today for a free consultation and learn more about how we can help.
Kidnapping With The Use Of A Deadly Weapon In Nevada
For conviction of kidnapping, the court may impose punishments for either first or second-degree charges. However, if a weapon was used while committing the act, it will bring higher penalties. In Clark County specifically, a judge could add up to an additional 20 years in prison when firearms were utilized during a kidnap crime.
It is paramount that you seek legal counsel as soon as possible if you have been charged with kidnapping, particularly if a weapon was used. Probation will rarely be an option for those found guilty of such crimes and the sentence could reach its full length. Do not delay in working to construct your defensive strategy against these charges; time can truly have an impact on their severity.
Sufficient Evidence In Kidnapping Cases
Sufficient evidence supported a kidnapping conviction because the evidence suggested that there was a specific plan for defendant’s accomplice to lure the victim outside of his house for defendant to have a clear shot at him. Brass v. State, 128 Nev. 748, 291 P.3d 145, 128 Nev. Adv. Rep. 68, 2012 Nev. LEXIS 119 (Nev. 2012).
In a robbery case where the evidence established that defendant moved the complainant from the front door to another bedroom where he was taped to a chair and shot, the restraint had an independent significance from the act of robbery; therefore, the evidence was sufficient to support defendant’s conviction for kidnapping. Hover v. State, 132 Nev. 982, 2016 Nev. Unpub. LEXIS 468 (Nev.), cert. denied, 137 S. Ct. 72, 196 L. Ed. 2d 67, 2016 U.S. LEXIS 5812 (U.S. 2016).
Jury could reasonably infer from the evidence presented that defendant committed first-degree kidnapping by forcibly moving the victim against her will to a second location for the purpose of committing sexual assault, battery with intent to commit sexual assault by willfully using force on the victim while intending to commit sexual assault, sexual assault by penetrating the victim’s vagina against her will, and coercion by using force with the intent to compel the victim to enter and remain in the restroom stall. Perez v. State, 132 Nev. 1016, 2016 Nev. LEXIS 530 (Nev. 2016), dismissed, 134 Nev. 995, 412 P.3d 1081, 2018 Nev. Unpub. LEXIS 150 (Nev. 2018), writ denied, 463 P.3d 481, 2020 Nev. App. Unpub. LEXIS 425 (Nev. Ct. App. 2020).
There was sufficient evidence to support a conviction for first-degree kidnapping because the jury could have reasonably inferred that defendant intended to keep a baby from her mother and grandmother when he removed the baby from a car seat or that he intended to unlawfully use the baby as a human shield between himself and police. Anderson v. State, 132 Nev. 939, 2016 Nev. App. Unpub. LEXIS 109 (Nev. Ct. App. 2016).
Evidence was sufficient to support first degree kidnapping indictment where the body of fully clothed three month old infant was found in a river, there were no signs of traumatic injury on the body, the appearance of the body was consistent with drowning, the mother was found 140 yards from where the body was found, and the mother had left the father a note informing him that she and the infant were “leaving this house and this world forever.” Sheriff, Washoe County v. Dhadda, 115 Nev. 175, 980 P.2d 1062, 115 Nev. Adv. Rep. 26, 1999 Nev. LEXIS 37 (Nev. 1999).
Kidnapping And Coercion: Double Jeopardy
Kidnapping included elements of confinement or asportation and the intent to commit sexual assault that were not required to establish coercion; and coercion included elements of force or deprivation and the intent to compel another to act or not act that were not required to establish kidnapping, and as each offense contained an element not contained in the other, double jeopardy did not bar defendant’s convictions for coercion and first-degree kidnapping. Perez v. State, 132 Nev. 1016, 2016 Nev. LEXIS 530 (Nev. 2016), dismissed, 134 Nev. 995, 412 P.3d 1081, 2018 Nev. Unpub. LEXIS 150 (Nev. 2018), writ denied, 463 P.3d 481, 2020 Nev. App. Unpub. LEXIS 425 (Nev. Ct. App. 2020).