Abduction and Kidnapping
This charge also known as kidnapping is committed by using force, intimidation or deception to seize, take, transport, detain or secrete another person with the intent to deprive that person of liberty to withhold or conceal from proper custody.
Abduction: To prove this charge the Prosecutor must show (§Va. Code 18.2-47(A)):
By force or intimidation or deception
Without legal justification or excuses,
Seizes, takes, transports, detains or secretes another person
With intent
to deprive such other persons of personal liberty or to withhold or conceal from him any person authority or institution they are lawfully entitled to.
Penalty:
You can be convicted of a Class 6 Felony
This would include not less than 1 year nor more than 5 years
OR in the discretion of the jury or court confinement of not more than 12 months
A fine of up to $2,500
A felony conviction
Which results in many rights being forfeited (including the right to vote, the right to possess firearms)
Employment impacts from required disclosures.
Abduction for Labor.
To be convicted of this charge:
Any person who by force, intimidation or deception,
And without legal justifications or excuses seizes, takes, transports, detains or secretes another person
With intent
To subject him or her to forced labor or services shall be deemed guilty.
Intimidation: shall include destroying, concealing, confiscating, withholding, or threatening to withhold passport, or other immigration documents, (and government identification). Even threatening to report another as being illegally present in the United States.
Abduction by Parent
The above listed offense committed by the parent of the person abducted and punishable as contempt of court in any proceeding then pending offense will instead be a Class 1 misdemeanor.
Penalty
Up to 12 months in custody
A fine of up to $2,500
A criminal record
