9

(assuming United States law here, though I'd be surprised if it were significantly different in other jurisdictions with such restrictions) Your friend is incorrect: that would be a new offense, for which Person A could be prosecuted anew. If your friend's logic were correct, once a person is convicted of robbing a store, they'd be free to rob that store ...


6

Yes. This is clearly kidnapping. It is probably not a terribly aggravated sub-type of kidnapping, but it is kidnapping nonetheless. It is probably a felony. The fact that the victim does not press charges, or ratifies the conduct after the fact, does not change the fact that a crime was committed. The police decision to arrest the ex-boyfriend was ...


3

If A reasonably suspects that B committed a felony, A may arrest B, which means that A may also use reasonable force to detain B. They can also arrest for a misdemeanor committed in their presence, if it constituted a breach of peace. It is, of course, up to A to be correct that the act is a felony or a breach of peace, and to know what is reasonable force. ...


2

It would depend very, very highly on the facts and circumstances. For a real brain-bender on that one, watch a movie called "10 Cloverfield Lane". (it's not what it first appears to be). However you must balance that "kidnapping" charge against a duty of care which compel some people to help you, and the good Samaritan laws which indemnify anyone else who ...


2

Yes. Abduction is defined by the use of force, not by the amount of resistance to force.


1

I think the basis for this claim is the 1999 Double Jeopardy film. But it doesn't work that way! Let's assume the horrible crime is µing somebody. Insert to your liking any crime for µ... or even jaywalking. Person A was (falsely) charged to have µed Person B on AA/BB/YYYY and convicted. Now they somehow really µed B on CC/DD/ZZZZ after the conviction. That'...


1

It may depend on jurisdiction, but as a general rule, one of the elements of committing a crime is intent/mens-rea/guilty mind. If they were attempting to help you and you were not in a state to object, and they did not know your wishes it is unlikely they would be charged with kidnapping - note that part of your definition is "typically to obtain a ransom"...


1

As noted in the comments, the correct answer depends upon where the conduct in question happened. In most cases, nothing. There is a qualified privilege from civil liability for reports made to public officials of alleged misconduct. The burden to overcome that qualified privilege is very high. There may be a minor criminal charge if the police believe ...


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