The crime of kidnapping in Massachusetts is defined under Massachusetts General Laws Chapter 265 Section 26. There are three theories under which the district attorney can proceed when prosecuting a kidnapping case.
Theory # 1.
Anyone who illegally and forcibly or secretly confines or imprisons someone within the state against his will is guilty of kidnapping and will be punished. There are three elements the district attorney must prove beyond a reasonable doubt to convict someone under this theory of kidnapping:
Theory # 2.
Anyone who forcibly carries or sends someone out of the state without having the authority to do so in guilty of kidnapping. To prove someone guilty under the section the prosecutor must prove that:
Theory # 3.
Anyone who forcibly seizes and confines someone with the intent that he be confined or imprisoned in this state against his will or by causing someone to be sent out of this state against his will is guilty of kidnapping. There are three elements to this crime that all must be proved beyond a reasonable doubt.
If convicted of the crime of kidnapping in Massachusetts you face a possible 10 year state prison sentence or, if the case is prosecuted in the District Courts you can be sentenced to up to 2 years in jail. If the victim is under the age of 16 the punishment increases to a maximum 15 year state prison sentence.
This is another form of kidnapping in Massachusetts made criminal by the same statute. The added element involves the intent to get money from someone or hold someone for ransom. This form of kidnapping is punishable by up to life in prison and is prosecuted only in the Superior Courts.
The same Massachusetts statute, Massachusetts General Laws Chapter 265 Section 26, provides that anyone who commits the crime of kidnapping while being armed with a firearm must serve a 10 year sentence if prosecuted in the Superior Courts. If the case is prosecuted in the District Courts there is a mandatory 2½ year sentence that must be imposed. If a firearm is used during a kidnapping with the intent to extort money there is a mandatory 20 year sentence that must be imposed. If the kidnapping is committed by someone armed with a dangerous weapon and serious bodily injury is inflicted or if the victim is sexually assaulted there is a mandatory 25 year state prison sentence that will be imposed.
If you are facing charges for Kidnapping in Newburyport, Salem, Boston, Amesbury, Salisbury, Lawrence, Ipswich, or any town in the Essex, Suffolk, or Middlesex counties in Massachusetts, call Criminal Attorney Bonavita immediately at 978-376-6746 or email her with your case information!
