I know that kidnapping refers to unlawfully taking a person. I also know a friend is someone you know well, love, trust, and hangout with.

But if your friend grabs you, forces you in their car and takes you with them, and you don't want to go, and you beg them to let go of you and let you out of the car, is this still considered "Kidnapping?" Even if they don't hurt you?

1 Answer 1


First degree kidnapping is abducting with various exploitative intents such as ransom, using as human shield, or messing with government function. Second degree kidnapping is any abduction, with an exception if

(1) The abduction is not coupled with intent to use or to threaten to use deadly force,

(2) The actor is a relative of the person abducted, and

(3) The actor's sole purpose is to assume lawful control of that person.

"Abducting" is defined as

To restrain a person with intent to prevent his liberation by either:

a. Secreting or holding him in a place where he is not likely to be found, or

b. Using or threatening to use deadly physical force.

Given that, the act is probably not abduction there not kidnapping. Unlawful imprisonment in the second degree exists is a person restrains another (with the aforementioned familial custody exception). "Restraining" is

To intentionally or knowingly restrict a person's movements unlawfully and without consent, so as to interfere substantially with his liberty by moving him from one place to another, or by confining him either in the place where the restriction commences or in a place to which he has been moved.  Restraint is “without consent” if it is accomplished by:

a. Physical force, intimidation or deception, or

b. Any means, including acquiescence of the victim, if he is a child less than 16 years old or an incompetent person and the parent, guardian or other person or institution having lawful control or custody of him has not acquiesced in the movement or confinement.

Suppose the victim is between 16 and 18, the accused is not a relative etc. Also suppose the victim was was not shoved into the car nor were there threats, but was enticed to enter voluntarily – and then once on the road, the true intent was revealed. E.g. "Let's go to the DQ"; "Okay, sounds fun"; (gets in car, drives past the DQ); "I thought we'd go to the DQ on the other side of the state". This could constitute deception (in particular, which DQ and what the real plan is). So whether this is "restraining" depends on the circumstances.

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