South Carolina Kidnapping Charges

Kidnapping is a felony punishable by up to thirty years in prison upon conviction. Separate, more severe consequences apply for a murder committed in addition to a kidnapping. It is also a felony to conspire to commit kidnapping.

Frequently, criminal kidnapping charges accompany other primary charges such as sexual assault, robbery, or burglary. Prosecutors use the kidnapping charge to amplify these primary charges and increase the available punishments. South Carolina takes kidnapping crimes very seriously. Someone facing these charges needs an aggressive Greenville criminal defense attorney on their side, building a solid defense that guards their freedom and future. AnneMarie Odom is that attorney.

SC Code 16-3-920 also makes it a prosecutable offense if two or more persons enter into an agreement or plan to kidnap another. The moment these individuals commit an “overt act” to put the plan into action, it becomes a “conspiracy to kidnap.” Such unlawful agreement carries severe consequences for a kidnapping conviction, even if the act does not actually occur.

Is Kidnapping a Federal Crime?

There are several situations where kidnapping crimes move from the state to the federal level. The U.S. Justice Department states that kidnapping cases fall under the jurisdiction of federal agents in the following instances:

• A kidnapper transports an individual across state lines
• A person kidnaps a federal employee
• A kidnapper takes someone with international protection or a foreign official
• A kidnapping occurs in aircraft or maritime jurisdictions
• A kidnapper receives ransom money for the crime

States typically pursue parental and family kidnappings. However, it becomes a federal crime if any person removes a child younger than 16 from the country. The federal criminal defense lawyers at AnneMarie Odom Law can help defend you against both state and federal criminal charges.

ult non-family member. The crime becomes a capital offense if the victim dies.

What Must the State Prove for a Kidnapping Conviction?

Remember that a charge for a misdemeanor or felony offense is not a conviction. Legally, you are presumed innocent until proven guilty, and proving your guilt falls on the state.

The Solicitor’s Office carries the burden of proof and must prove beyond a reasonable doubt the following criminal elements to convict a defendant:

• The carrying away, confinement, or abduction
• Of another person
• By the defendant
• Without legal justification or authority

Kidnapping allegations involve a defendant taking or restraining another individual without the legal right or the authority to abduct, carry away, confine, or detain them. Even a short period of holding or detention may qualify under South Carolina law as kidnapping.

What is the Punishment for Kidnapping in South Carolina?

As previously stated, kidnapping and conspiring to kidnap another person are severe crimes in South Carolina that carry harsh sentences. The punishment for either offense shall not exceed thirty years in prison. The penalty applies even with no prior convictions. The sentencing judge can consider the facts and circumstances of the kidnapping when determining a sentence.

Can Kidnapping Charges be Dropped?

South Carolina prosecutors have sole discretion regarding whether they will drop kidnapping charges or proceed in a criminal action. Simply asking to have the charges dropped will not suffice. In fact, many jurisdictions take a zero tolerance stance against kidnapping crimes, particularly if the crime occurred in furtherance of domestic violence or abuse.

Your experienced Greenville criminal defense lawyer may negotiate a plea deal with the prosecutor’s office for a lesser offense and punishment. Nevertheless, there is no guarantee that a deal will occur.

What are Possible Defenses Against Kidnapping Charges?

Kidnapping defenses usually build upon victim consent. If a victim voluntarily enters a vehicle and agrees to be moved, a kidnapping did not occur. Additional defense strategies include:

• The alleged victim made false kidnapping claims.
• The defendant did not travel far enough with the victim to qualify as kidnapping.
• The defendant has legal custody of the minor child.
• The defendant is a victim of mistaken identity.
• There was no proven intent.
• The prosecution lacks proof.