Washington Law on Kidnapping

Kidnapping is a crime that generally involves the intentional abduction of another person. The crime is a serious crime under Washington law that can lead to harsh penalties, including priosn time. People charged with this offense should contact a criminal defense attorney now for assistance.

How Does Washington Law Define First-Degree Kidnapping

Under Washington law, there are two forms of kidnapping. These are first-degree kidnapping and second-degree kidnapping.

RCW 9A.40.020 is the Washington statute that defines the crime of kidnapping in the first degree. According to this law, people are guilty of first-degree kidnapping if they intentionally abduct another person, and do so with the intent to:

1. Hold “the victim” for ransom or as a shield or hostage,
2. Facilitate the commission of a felony,
3. Inflict bodily injury on “the victim,”
4. Inflict extreme mental distress on “the victim” or another person, or
5. Interfere with any government function.

For purposes of this section, “abduction” is the act of forcibly taking someone against their will. Note as well that, despite the title of this crime, Washington law does not impose any requirement that a kidnapping victim be a certain age. In other words, a defendant can be guilty of kidnapping either a child or an adult.

Kidnapping in the first degree is a class A felony (as opposed to a misdemeanor). The maximum penalties for the offense include:

• A possible sentence of up to life in state prison, and/or
• A fine of up to $50,000.

However, if a defendant has no criminal history, the crime is typically punished with between 51 and 68 months in prison.

How Does Washington Law Define Second Degree Kidnapping

Washington criminal law sets forth two types of Kidnapping. These are first-degree kidnapping and second-degree kidnapping. People commit first-degree kidnapping if they intentionally abduct a person with the intent to perform another specific act (like holding the person for ransom or inflicting injury on the person). Under RCW 9A.40.030, a person is guilty of Kidnapping in the second degree if he or she intentionally abducts another person under circumstances not amounting to Kidnapping in the first degree.

For purposes of this section, “abduction” is the act of forcibly taking someone against their will. Further, despite the title of this crime, Washington law does not impose any requirement that a kidnapping victim be a certain age. A defendant can be guilty of Kidnapping either:

• a child, or
• an adult.

A violation of RCW 9A.40.030 is a Class B felony (as opposed to a misdemeanor). The crime is punishable by:

• imprisonment in state prison for up to 10 years, and/or
• a maximum fine of $20,000.

In comparison, Kidnapping in the first degree is a Class A felony. The maximum penalties are:

• A life sentence in state prison, and/or
• A fine of $50,000.

Can a Defendant Raise a Legal Defense?

A person accused of second-degree Kidnapping can contest the accusation with a legal defense. Common defenses in these cases include defendants showing that:

• the alleged victim consented to be moved,
• there is insufficient evidence to prove the case,
• they were merely present during the Kidnapping and not the actual individual who did the Kidnapping,
• they were falsely accused of the crime based on mistaken identity.

Contact Black & Askerov for Help

While a defendant can raise a legal defense to challenge a kidnapping charge, it will take a skilled criminal defense attorney to raise the best defense. The experienced kidnapping attorneys at Black & Askerov have over 25 years of combined experience defending clients on kidnapping charges. Our Seattle criminal defense lawyers have the skill and commitment that makes all the difference in these types of cases. Our attorneys will fight tooth and nail for you at every step of your case. Contact us now to get the legal help you deserve!