Kidnapping and False Imprisonment
Kidnapping is often solely associated with tragic child abduction cases. However, the criminal acts of kidnapping and false imprisonment are much broader than this common misconception.
Acts of kidnapping and false imprisonment are often seen in divorces, child custody disputes, and even situations involving parents or relatives whom have good intentions.
In addition to imprisonment and monetary fines, a conviction for either offense could cause detrimental collateral damage. It is important to have an experienced attorney guiding you through the judicial process and fighting on your behalf.
Lawyer for Kidnapping and False Imprisonment in Dakota County, MN
James Blumberg has actively advocated on behalf of those accused of serious violent offenses, including assault, kidnapping, and false imprisonment, for over a decade.
With his office conveniently located in Apple Valley, Minnesota, Attorney Blumberg provides aggressive representation to clients residing in Eagan, Burnsville, St. Paul, and the remainder of Dakota County at large.
If you have been accused or charged with kidnapping or false imprisonment, contact James Blumberg Law at (952) 431-7758 or submit an online form for a confidential consultation.
Kidnapping Laws in St. Paul, MN
Under Minnesota Statute 609.25, an individual may be charged with kidnapping if he or she confines or removes another person from one place to another without their consent, or, without the parent’s or legal custodian’s consent if the person is under the age of 16, for any of the following purposes:
- Holds the person for ransom or reward for release,
- Uses the person as a shield or hostage,
- Facilitate the commission of any felony or flight thereafter,
- To commit great bodily harm or to terrorize the victim or another, or
- To hold in involuntary servitude.
In order for a person to be convicted of kidnapping in Minnesota, the prosecution must prove the following elements beyond a reasonable doubt:
- The defendant confined or removed the victim from one place to another without their consent, or their parent or legal guardian’s consent if the victim was under the age of 16, and
The defendant kidnapped the victim for at least one of the following purposes:
- To hold the victim for ransom or reward,
- To use the victim as a shield or hostage,
- To use the victim in the commission of a felony or flight,
- To inflict great bodily harm or terrorize the victim or another person, or
- To hold the victim as an involuntary slave
Penalties for Kidnapping in Apple Valley, MN
If a person is convicted of kidnapping, the criminal conduct surrounding their kidnapping conviction contains important factors that will be considered during the sentencing phase of the trial.
The penalties for kidnapping a person in Minnesota are as follows:
- When the offender kidnaps a person and releases them in a safe place without great bodily harm being inflicted, the kidnapping offense is punishable by imprisoned for up to 20 years and a fine of up to $35,000, or both.
- When the offender kidnaps a person, does not release them in a safe place, the victim suffered great bodily harm during the course of the kidnapping, or when the victim was under the age of 16, the kidnapping offense is punishable by imprisonment for up to 40 years, a fine of up to $50,000, or both.
In addition, it is important to note that the prosecution or conviction of a kidnapping offense bars neither the conviction nor punishment of any other crime committed during the course of the kidnapping, as set forth in Minnesota Statute 609.251.
False Imprisonment Laws in Dakota County, MN
In the state of Minnesota, the criminal act of false imprisonment is codified under Minnesota law as two separate offenses. Intentional restraint and the unreasonable restraint of a child.
Intentional Restraint in Burnsville, MN
An individual can be charged with intentional restraint under Minnesota Statute 609.255 Subdivision 2 when he or she knowingly lacked authority and intentionally confined or restrains someone else’s child under the age of 18 without the consent of the child’s parent or legal custodian.
In order for a person to be convicted of intentional restraint, the prosecution must prove the following elements beyond a reasonable doubt:
- The defendant intentionally confined or restrained the child of another person,
- The child’s parent or legal custodian did not consent to the defendant’s confinement or restraint of their child,
- The defendant knew he or she lacked the authority to confine or restrain the child of another person, and
- The child was under the age of 18 when the confinement or restraint took place.
Unreasonable Restraint of a Child in Lakeville, MN
A parent, legal guardian, or caretaker can be charged with unreasonable restraint of a child under Minnesota Statute 609.255 Subdivision 3 when he or she intentionally subjects a child under the age of 18 to unreasonable physical confinement or restraint by means, including, but not limited to, tying, locking, caging, or chaining for a prolonged period of time and in a cruel manner which is excessive under the given circumstances.
In order for a person to be convicted of unreasonable restraint of a child, the prosecution must prove the following factors beyond a reasonable doubt:
- The defendant is the parent, legal guardian, or caretaker of the child,
- The defendant intentionally subjected the child to unreasonable physical confinement or restraint,
- The child was under the age of 18 when the unreasonable restraint took place, and
- The unreasonable physical confinement or restraint was for a prolonged period of time, in a cruel manner, and was excessive.
Penalties for False Imprisonment in Eagan, MN
Intentional Restraint of a Child in Rosemount, MN
The criminal act of intentional restraint is punishable by imprisonment for up to 3 years, up to a $5,000 fine, or both.
Unreasonable Restraint of a Child in Mendota, MN
The criminal act of unreasonable restraint of a child is punishable by imprisonment for up to one year, a fine of up to $3,000, or both.
When demonstrable bodily harm resulted from the unreasonable restraint of the child, the criminal act is punishable by imprisonment of up to 2 years, a fine of up to $4,000, or both.
When substantial bodily harm resulted from the unreasonable restraint of the child, the criminal act is punishable by imprisonment of up to 5 years, a fine of up to $10,000, or both.
Minnesota Resources for Kidnapping and False Imprisonment
Minnesota Department of Human Services: Child Protection –The child protection system responds to allegations of child abuse and child neglect, in addition to helping support families to safely care for their children through assessing child safety, risk factors, and family strengths and needs.
Minnesota Communities Caring for Children – Visit this website for more information about child abuse and child neglect prevention through education, support systems, and empowering the communities of Minnesota.
Lawyer for Kidnapping and False Imprisonment in Dakota County, MN
Being arrested for kidnapping or false imprisonment is a serious matter and should be addressed immediately by first acquiring legal representation.
Attorney James Blumberg of James Blumberg Law has extensive experience representing clients facing allegations serious criminal offenses, including assault, kidnapping, false imprisonment, and robbery. With an office located in Apple Valley, Attorney Blumberg zealously represented clients throughout Dakota County, Minnesota.
Contact James Blumberg Law at (952) 431-7758 to receive your free legal consultation and have your case reviewed by an experienced Dakota County criminal defense trial attorney.