Abduction

A Virginia abduction 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 or withhold or conceal him from proper custody.

Proof of a Virginia Abduction Chargevirginia abduction

To convict an offender of a Virginia abduction charge under Va. Code §18.2-47(A), the commonwealth must prove that the offender:

  • used force, intimidation or deception
  • to seize, take, transport, detain or secrete
  • another person
  • with intent to
    • deprive that person of liberty or
    • withhold or conceal him from proper custody
  • without legal justification or excuse.
Penalty for A Virginia Abduction Charge Under Va. Code §18.2-47

Abduction in Virginia under Va. Code §18.2-47 is a Class 5 felony, punished with up to 10 years in prison.  Additionally, if the victim was a minor, Va. Code §18.2-370.2 prohibits the offender from going within 100 feet of a playground, athletic field or facility, or gym owned or operated by any locality for the purpose of having contact with any children not in his custody.

Abduction with Intent to Force Labor or Services
Abduction by Parents

Va. Code §18.2-47(D) makes it a Class 1 misdemeanor for a parent to abduct a child in violation of court order.  If the parent removes the child from Virginia to another state, the offense becomes a Class 6 felony, punished with up to 5 years in prison.

For more information on abduction by parents in Virginia, click here.

Aggravated Abduction in Virginiathreateing-to-abduct-for-pecuniary-gain-in-virginia-is-punished-with-up-to-10-years-in-prison

Aggravated abduction under Va. Code §18.2-48 is committed when an offender abducts:

  • with the intent to extort money or for pecuniary benefit,
  • with the intent to defile, or
  • a female under the age of 16 for the purpose of prostitution.

Aggravated abduction in Virginia under Va. Code §18.2-48 is a Class 2 felony. It is punished with 20 years up to life in prison.  If the victim of the aggravated abduction with intent to defile or for prostitution was a minor, Va. Code §18.2-370.2 prohibits the offender from going within 100 feet of a playground, athletic field or facility, or gym owned or operated by any locality for the purpose of having contact with any children not in his custody.

For more information on charges of aggravated abduction in Virginia, click here.

Other Virginia Abduction Crimes
  • Threatening Abduction to Extort Money or for Pecuniary Benefit (Va. Code §18.2-49(1)) is a Class 5  felony, which is punished with up to 10 years in prison and a fine up to $2500.
  • Attempted Abduction to Extort Money or for Pecuniary Benefit (Va. Code §18.2-49(1)) is also a Class 5 felony, punished with up to 10 years in prison and a fine up to $2500.
  • Assisting/Aiding in Abduction of Person with Intent to Defile (Va. Code §18.2-49(2)) is a felony punished with 1-10 years in prison.
  • Threatening to Abduct with Intent to Defile (Va. Code §18.2-49(2)) is a Class 5 felony, punished with up to 10 years in prison.
  • Assisting/Aiding in Abduction of Female for Concubinage or Prostitution (Va. Code §18.2-49(3)) is punished with up to 10 years in prison and a fine up to $2500.
  • Threatening to Abduct A Female Under the Age of 16 for Concubinage or Prostitution (Va. Code §18.2-49(3)) is a Class 5 felony, punished with up to 10 years in prison.
  • Trespassing on School Property or A School Bus to Abduct a Student by a person other than a parent is a Class 6 felony under Va. Code §18.2-128(B).  This offense is punished with up to 5 years in prison.
  • Failure to Report an Abduction, Threatened Abduction or Attempted Abduction by an immediate family member of the victim is a Class 2 misdemeanor under Va. Code §18.2-50.  This offense is punished with up to 6 months in jail and a fine up to $1000.
  • Hostage Taking by A Prisoner or Escaped Prisoner (Va. Code §18.2-48.1) is a Class 3 felony, which is punished with 5-20 years in prison.

For more information on these and other abduction crimes in Virginia, click here.