Explain how the crimes of kidnapping and false imprisonment are often misunderstood
What will be an ideal response?
Answer: The crime of kidnapping entails the removal of a person from the place where he/she is found, against the will of that person, by force or threat of force. The danger inherent in this offense is the asportation of the victim, the carrying away or removal of that person. The force needed is much the same as that required for a sexual assault; any force needed to overcome the will of the victim. Again, force depends upon the respective characteristics, both physical and mental, of the offender and victim. Kidnapping for ransom, taking a hostage, and other aggravating factors may increase the degree of the offense. On the other hand, some jurisdictions actually reduce the degree of the offense if the offender releases the victim in a safe place unharmed. The laws of some jurisdictions provide for more than one type of kidnapping and often vary on how the confinement must be accomplished for the law to apply. This crime is similar to kidnapping except it does not require the carrying away of the victim. It is the unlawful restraint of the person's liberty, by force or threat of force.
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