Kidnapping is the unlawful imposing of physical control over another and transporting that person against their will and without their consent
Kidnapping is usually associated with requesting ransom for the safe return of the person abducted. This is a severe felony and carries long prison sentences, especially if the crime includes sexual assault or other serious harm to a minor.
Under a court finding of special aggravated circumstances, in some states, the term of imprisonment can be life. Some states will impose the death penalty if the kidnapping involves torture, great bodily harm, or death.
However, in kidnappings connected with divorce and child custody disputes, where one parent takes the child out of the state to escape state-based jurisdictional family court orders or protect the child from the other spouse, the courts are given broad discretionary powers in imposing the severity of criminal penalties.
