If you were charged with kidnapping or false imprisonment in Philadelphia, PA, or a surrounding area, then contact an experienced criminal defense attorney at Alva & Moscow, LLC. Our attorneys are experienced in fighting serious felony criminal charges. Important defenses exist to fight these charges. Call (215) 665-1695 today to discuss the particular facts of your case with an experience criminal defense lawyer.
Pennsylvania's current kidnapping statute under 18 Pa.C.S.A. § 2901 became effective on February 21, 2012. Section 2901 requires proof beyond a reasonable doubt of the following elements:
A removal or confinement is unlawful under the kidnapping statue if it is accomplished by force, threat or deception, or, in the case of an incapacitated person, if it is accomplished without the consent of a parent, guardian or other person responsible for general supervision of his welfare.
Any allegation of kidnapping a minor child comes with more serious penalties and punishments. Section 2901(a.1) makes it a crime to kidnap a minor child. Under the statue, a person can be charged with kidnapping of a minor if it is alleged that he:
Kidnapping of a minor also provides that the removal or confinement is unlawful if it is accomplished by force, threat or deception, or, in the case of a person under 14 years of age, if it is accomplished without consent of a parent, guardian or other person responsible for general supervision of his welfare.
Under 18 Pa.C.S.A. § 2901(b), kidnapping is charged as a felony of the first degree. Kidnapping of a minor child under Section 2901(a.1) is also a felony of the first degree. Under Pennsylvania law, a felony of the first degree is punishable by up to 20 years in prison and a fine of up to $25,000.
Finding a Kidnapping Defense Attorney in Philadelphia, PA
Pennsylvania Kidnapping Elements of Kidnapping under Pennsylvania's Section 2901
Pennsylvania's current kidnapping statute under 18 Pa.C.S.A. § 2901 became effective on February 21, 2012. Section 2901 requires proof beyond a reasonable doubt of the following elements:
The defendant unlawfully removes another;
a substantial distance under the circumstances; and
from the place where he is found; or
The defendant unlawfully confines another;
for a substantial period; and
in a place of isolation.
The defendant acted with the intention to:
hold for ransom or reward, or as a shield or hostage;
facilitate commission of any felony or flight thereafter;
inflict bodily injury on or to terrorize the victim or another; or
interfere with the performance by public officials of any governmental or political function.
A removal or confinement is unlawful under the kidnapping statue if it is accomplished by force, threat or deception, or, in the case of an incapacitated person, if it is accomplished without the consent of a parent, guardian or other person responsible for general supervision of his welfare.
Any allegation of kidnapping a minor child comes with more serious penalties and punishments. Section 2901(a.1) makes it a crime to kidnap a minor child. Under the statue, a person can be charged with kidnapping of a minor if it is alleged that he:
unlawfully removes a person under 18 years of age a substantial distance under the circumstances from the place where he is found; or
if he unlawfully confines a person under 18 years of age for a substantial period in a place of isolation; and
the defendant acted with any of the following intentions:
To hold for ransom or reward, or as a shield or hostage;
To facilitate commission of any felony or flight thereafter;
To inflict bodily injury on or to terrorize the victim or another; or
To interfere with the performance by public officials of any governmental or political function.
Kidnapping of a minor also provides that the removal or confinement is unlawful if it is accomplished by force, threat or deception, or, in the case of a person under 14 years of age, if it is accomplished without consent of a parent, guardian or other person responsible for general supervision of his welfare.
Classification of Kidnapping Crimes
Under 18 Pa.C.S.A. § 2901(b), kidnapping is charged as a felony of the first degree. Kidnapping of a minor child under Section 2901(a.1) is also a felony of the first degree. Under Pennsylvania law, a felony of the first degree is punishable by up to 20 years in prison and a fine of up to $25,000.
If you were charged with kidnapping or false imprisonment in Philadelphia, Pennsylvania, then call our experienced criminal defense attorney to discuss your case. We represent clients charged with false imprisonment throughout the greater Philadelphia metropolitan area and the surrounding areas including Bucks County, Chester County, Montgomery County and Delaware County, PA.
Kidnapping Defense FAQs
What must the Commonwealth prove for kidnapping in Pennsylvania?
Under 18 Pa.C.S. § 2901, that the defendant unlawfully removed a person a substantial distance or unlawfully confined them in a place of isolation, with intent to hold for ransom or reward, to facilitate a felony or flight, to inflict bodily injury or terrorize, or to interfere with a public official's duties. It is a first-degree felony carrying up to 20 years.
What counts as a substantial distance or a place of isolation?
These terms are measured functionally, not in feet - moving a victim between rooms or into a vehicle can qualify if it meaningfully increases their isolation from help. But movement merely incidental to another crime, such as moving someone during a robbery, is a recognized ground for challenging the kidnapping count as duplicative overcharging.
Can a parent be charged with kidnapping their own child?
A parent is generally prosecuted under different statutes - interference with custody of children under § 2904 and concealment of the whereabouts of a child under § 2909 - which carry lower gradings but still serious consequences. Custody-dispute cases turn on the existing court orders and the defendant's good-faith belief about their custodial rights.
Is kidnapping charged in domestic violence cases?
Yes, when one partner allegedly prevented the other from leaving - locking doors, taking phones and keys, driving them somewhere against their will. The isolation and intent elements are frequently overcharged in these fact patterns, and the realistic exposure is often the lesser included offenses of unlawful restraint or false imprisonment.
What is the sentencing exposure in a kidnapping conviction?
As a first-degree felony, up to 20 years, with guideline ranges among the highest short of homicide - and kidnapping of a minor carries its own grading. Because a conviction is so consequential, these cases are tried or negotiated around the movement and intent elements, where the statute gives the defense its clearest targets.
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Attorney in PhiladelphiaFor Your Case
If you are facing any kind of injustice, be it a wrongful criminal accusation or being injured by the
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