13-1304(B), 2011). 260), Sec. Very helpful with any questions and concerns and I can't thank them enough for the experience I had. Shouse Law Group has helped many citizens get charges reduced or dismissed, and keep their records clean. N.C. Gen. Stat. Joseph probably has the criminal intent required for kidnapping in most jurisdictions. 1201, 2011). 5th Dist., 2021), 62 Cal. Aggravated kidnapping is a serious charge that carries significant fines and other punishments. Each faces several criminal charges, including second-degree murder, aggravated assault, aggravated kidnapping, official misconduct, and official oppression. Even after seeing the video of what happened, the family is still not clear why police stopped Nichols in the first place, Romanucci said. If a defendant is accused ofkidnapping for ransom, and the victim suffers death or bodily harm, then he will face imprisonment in the California state prison for lifewithoutthe possibility of parole. Stat. 1989)], "You have an excellent service and I will be sure to pass the word.". Jan. 1, 1974. The crime is punishable by: Penal Code 209.5 PCmakes it a crime for a person to kidnap another person during the commission of a carjacking. Browse USLegal Forms largest database of85k state and industry-specific legal forms. That's what's so painful, because you want some ounce of humanity. 720 ILCS 5/10-1, http://law.onecle.com/illinois/720ilcs5/10-1.html. All rights reserved. . Thomas pulls over but thereafter locks all the doors and refuses to let Shawna out for twenty minutes, in spite of her begging and pleading for him to unlock the doors. 2.03, eff. document.getElementById( "ak_js_3" ).setAttribute( "value", ( new Date() ).getTime() ); document.getElementById( "ak_js_4" ).setAttribute( "value", ( new Date() ).getTime() ); Shouse Law Group has wonderful customer service. (7) "Firearm" has the meaning assigned by Section 46.01. Acts 1973, 63rd Leg., p. 883, ch. Varnum, 45, is set to be arraigned Tuesday on charges of attempted first-degree murder, kidnapping, unlawful restraint, and aggravated domestic assault. Joseph has probably not committed the criminal act element required for kidnapping if the kidnapping statute in Josephs state requires asportation. 20.01. The five officers responsible for Nicholss beating were identified as Tadarrius Bean,Demetrius Haley,Emmitt Martin III, Jr., andJustin Smith. Answer the following questions. In many jurisdictions, false imprisonment, also called felonious restraint, is a lesser included offense of kidnapping. Visit our attorney directory to find a lawyer near you who can help. For example, where a person is kidnapped for ransom or where an injury is caused to the victim kidnapped, it is called aggravated kidnapping. A 38-year-old man is charged with especially aggravated kidnapping in the disappearance of a 34-year-old Memphis teacher after police said DNA on a pair of slides linked him to the woman.. Kidnapping, under California law, is the act of moving a victim a substantial distance, using force or fear to do so.3The moving of the victim must also comewithoutthe victims consent. California Penal Code 209(a) PCstates that it is a crime for a person to kidnap another party for ransom, reward or to commit extortion or to exact from another person any money or valuable thing.1. In this section, we offer solutions for clearing up your prior record. 14-39(a), accessed February 24, 2011, http://law.onecle.com/north-carolina/14-criminal-law/14-39.html. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship. Memphis Police Chief Cerelyn Davis released a video statement Wednesday denouncing the officers' actions as "heinous, reckless, and inhumane." In preparation, the Atlanta Police Department has moved to 12-hour shifts and canceled days off. Please note, though, that it is critical for an accused to hire an attorney to get the most effective defense. The sentence includes two to 20 years . Please enable JavaScript for a better experience. Acts 2011, 82nd Leg., R.S., Ch. A criminal record can affect job, immigration, licensing and even housing opportunities. The significant features of these modern offenses are their specific applicability to parents as defendants and various defenses based on the good faith belief that the child would be in danger without the allegedly criminal conduct (18 Pa. C. S. 2904, 2011). And, for accusations or charges of kidnapping in Colorado, please see our article onColorado Kidnapping Laws (18-3-301 & 18-3-302 C.R.S.)). OPERATION OF STASH HOUSE. Jo Kaur (@SikhFeminist) January 27, 2023, Criminal defense attorney Matthew Barhoma told Law&Crime in a statement that the kidnapping charge makes no sense., Barhoma said that because police power to detain individuals is a core function of their official duties, that a kidnapping charge implies these officers acted beyond their duties, holding him when they shouldnt have, and kidnapping and almost falsely imprisoning him., Barhoma noted that the charge seems at odds with the wide latitude given to police, who are allowed to arrest you, pull you over, or even do a Terry frisk to pat down a suspect the officer believes may be armed and dangerous even though they have very diminished probable cause., I expect the counts will look very different after a preliminary hearing, Barhoma said. California Penal Code 209 subsection (a) PC. Disclaimer: The information on this website is for general information purposes only. Kidnapping is generally graded as first degree or aggravated or as second degree or simple. Convenient, Affordable Legal Help - Because We Care! What is the legal definition of aggravated kidnapping? 790, Sec. This exclusion could result in the dismissal or reduction in charges. (6) "Agricultural land" has the meaning assigned by Section 75.001, Civil Practice and Remedies Code. (a) A person commits an offense if he intentionally or knowingly restrains another person. Many states divide kidnapping into degrees or grade it as simple and aggravated (N.R.S. Or to keep it anonymous, click here. 1, eff. In other words aggravated kidnapping can be defined as the commission of kidnapping while armed with a dangerous weapon. Review the case example given in Section 10 Example of a Case Lacking Kidnapping Attendant Circumstance. (3) is considered by the trier of fact to be a lesser included offense of the offense alleged under Subsection (a). (a) A person commits an offense if the person knowingly: (1) uses or permits another to use any real estate, building, room, tent, vehicle, boat, or other property owned by the person or under the person's control to commit an offense or to facilitate the commission of an offense under Section 20.05, 20.06, 20A.02, 20A.03, 43.04, or 43.05; or. 1, eff. 2. One factor that could mitigate or reduce grading is the defendants release of the victim unharmed in a safe place (Ariz. Rev. One Mississippi news outlet tweeted that the kidnapping charges indicate that This was NOT a simple traffic stop at all., All of the officers charged in the killing of Tyre Nichols were charged with multiple felonies, including Aggravated Kidnapping. The district plans to announce any further cancellations for Saturday activities by Friday evening. Kidnapping and false imprisonment are crimes that involve physical restraint and intrude on the liberty interests of victims. In jurisdictions that require harm for kidnapping, the defendants criminal act must be the factual and legal cause of the harm, which is defined in Section 10 Kidnapping Harm. Because aggravated kidnapping is a result-oriented offense, the allowable unit of prosecution for the offense of aggravated kidnapping relates to the abduction of a victim. If you or someone you know has been accused of a crime under California Penal Code 209, our experienced criminal defense attorneys invite you to contact us for legal advice. Grading of these offenses varies, with some states grading nonforcible parental interference with custody as a misdemeanor (720 ILCS 5/10-5.5, 2011) and others as a low-level felony (18 Pa. C.S. Aggravated Kidnapping Law and Legal Definition Aggravated kidnapping means kidnapping accompanied by some aggravating factor. (2)This subdivision shall only apply if the movement of the victim is beyond that merely incidental to the commission of, and increases the risk of harm to the victim over and above that necessarily present in, the intended underlying offense. forcing a homeowner into the owners garage,locking him inside, and thenrobbingthe home, kidnapping a police officer andkeeping him held at gunpoint untila prisoner is released from custody, inflicted physical force upon the alleged victim, or. Sept. 1, 1997; Acts 1999, 76th Leg., ch. They were so pleasant and knowledgeable when I contacted them. To avoid detection, Joseph grabs Abby off the living room couch and drags her into the bedroom to rape her. 1, eff. Check your answers using the answer key at the end of the chapter. In the United States, high-profile kidnapping cases, such as the Lindbergh baby kidnapping in the 1930s, and the frequency with which organized crime participated in kidnapping led many states to impose the harshest penalties for this offense: the death penalty or life in prison without the possibility of parole. (b) An offense under this section is a Class A misdemeanor. Cobb said he and Martin prayed together, which included words for the Nichols family. (2) the smuggled individual is a child younger than 18 years of age at the time of the offense. The punishment for the crime, though, differs as to whether a person is guilty under PC 209(a) or PC 209(b). Have a tip or story idea? Joseph forcibly confined Abby when he grabbed her. For the district attorney to charge the officers with kidnapping Tyre Nichols during the arrest is such an unusual move that its almost astounding, but it likely reflects the fact that the officers had little to no justification to apprehend him in the first place, said Los Angeles-based civil rights attorney V. James DeSimone, who has brought lawsuits against police departments, in a statement. DUI arrests don't always lead to convictions in court. 2, eff. If the defendant proves the issue in the affirmative by a preponderance of the evidence, the offense is a felony of the second degree. Acts 1973, 63rd Leg., p. 883, ch. False imprisonment is often a lesser included offense of kidnapping, missing the asportation element, and requiring general intent or knowing commission of the criminal act. (866) 361-0010. Varnum faces an . In general, false imprisonment and felonious restraint under the Model Penal Code require confinement but not asportation (Model Penal Code 212.2; 18 Pa. C. S. 2903, 2011). If the persons involved in. Sept. 1, 1994; Acts 1999, 76th Leg., ch. Somebody to say, hey, weve got to try to help him and it never occurs and that's what's so troubling about the video, the attorney said. Nothing on this site should be taken as legal advice for any individual case or situation. When kidnapping takes a victim across state lines, the defendant can also be prosecuted for the additional offense of federal kidnapping (18 U.S.C. Table 10.3 Comparing Kidnapping and False Imprisonment, Figure 10.11 Diagram of Crimes against the Person. Strand's body was found on . 399, Sec. Sec. A good defense can often get an aggravated kidnapping charge reduced or even dismissed. UnderCalifornia Penal Code 209 PC,aggravated kidnapping is kidnapping done (1) for ransomor a reward or (2) to commit another crime such asrobberyorrape. (3) "Relative" means a parent or stepparent, ancestor, sibling, or uncle or aunt, including an adoptive relative of the same degree through marriage or adoption. Ariz. Rev. The attorney noted that at the end of the video Nichols can be heard calling for his mother three times before falling silent. False imprisonment does not require movement and has a lower level of intent, so it is generally graded as a gross misdemeanor or a low-level felony (18 Pa. C.S. (B) any means, including acquiescence of the victim, if: (i) the victim is a child who is less than 14 years of age or an incompetent person and the parent, guardian, or person or institution acting in loco parentis has not acquiesced in the movement or confinement; or. These aggravating factors can include: Holding someone for ransom Using. Although Shawnas entrance into Thomass vehicle was consensual, when Thomas confined Shawna to his vehicle by locking the doors, he deprived her of her liberty against her will. Most states, including Tennessee, classify kidnapping as a serious crime. Copyright 2023 Shouse Law Group, A.P.C. (3) the actor's sole intent was to assume lawful control of the victim. Definitely recommend! While all kidnapping charges are serious, aggravated kidnapping is far more serious since it carries with it a potential life sentence. In contrast, simple kidnapping typically carries a few years in prison.1. Cal. Factors that could enhance grading are the youth of the victim (Ariz. Rev. 209 PC - Aggravated Kidnapping for Ransom - Can you get life in prison? When Nichols tried to run, he was dragged from his car and severely beaten by five Memphis police officers yards from his familys home. ", The Denver Police Department said it is monitoring for any potential demonstration activity in Denver, and will adjust resources if or as needed.. 1(b), 2, eff. There are several charges similar to PC 209 . Justin Smith, one of the five former Memphis Police officers indicted in the death of Tyre Nichols, was released on $250,000 bond Thursday night, according to Shelby County Jail records. Sept. 1, 1999; Acts 2001, 77th Leg., ch. Has Coby committed. Other states do not require asportation when the kidnapping is for ransom (N.R.S. However, when the kidnapping is for ransom, for the purpose of committing a felony, to inflict bodily injury or terrorize the victim or another, or to interfere with the performance of a governmental or political function, the Model Penal Code does not require asportation, although it does require confinement for a substantial period in a place of isolation (Model Penal Code 212.1). Former federal prosecutor Renato Mariotti called the kidnapping charges "aggressive," because they. Thus consent could function as a failure of proof or affirmative defense to kidnapping. Defenses to the crime of kidnapping include: To prove that the accused is guilty of simple kidnapping, prosecutors typically must prove that: To consent means a person acted freely and voluntarily and knew the nature of the act. Monday, Cloutier pleaded not guilty to kidnapping, unlawful restraint and aggravated assault charges. keys to navigate, use enter to select, Stay up-to-date with how the law affects your life. DUI arrests don't always lead to convictions in court. One common issue with the kidnapping criminal act is how far the victim must be moved. Aggravated kidnapping is the act of taking a person for ransom or reward, or to commit another crime like rape or robbery. (2) rents or leases any property to another, intending that the property be used as described by Subdivision (1). September 1, 2017. Name After hearing how the confrontation with Nichols proceeded, Martin said it was concerning to him. Police departments across the country told CNN they are either monitoring the events in Memphis, Tennessee, closely or already have plans in place in case of large-scale protests or unrest relating to the case of Tyre Nichols. A self-described longtime family friend of Emmitt Martin III, one of the five former officers indicted in the death of Tyre Nichols, said Martin came to his office in the days following the fatal traffic stop. the movement of the victim increases the risk of harm over and above that necessary to commit the carjacking. . Kidnapping a child under the age of 14 is a crime per California Penal Code 208bPC. Sec. 576), Sec. If the kidnapper voluntarily releases the victim safely, then the conviction is classified as a felony of the second degree. Factors that can aggravate grading of false imprisonment are the youth of the victim (18 Pa. C. 2903, 2011) or the use of force or violence to carry out the criminal act (Cal. Nichols wasfond of skateboarding in Shelby Farms Park, going to Starbucks with friends and photographing sunsets, and he had his mothers name tattooed on his arm, the family said. The sentence for aggravated kidnapping convicted as a felony of the first degree can result in imprisonment from five to 99 years or life imprisonment, and/or a fine up to $10,000. 1, eff. (c) If conduct that constitutes an offense under this section also constitutes an offense under another law, the actor may be prosecuted under this section, the other law, or both. Kidnapping occurs when someone knowingly and unlawfully confines or removes another person to substantially interfere their liberty and exposes them to substantial risk of bodily injury. Although Shawnas original entrance into Thomass vehicle and her asportation for the first fifty miles was consensual, once Shawna requested that Thomas pull over and let her out, the confinement or asportation was against Shawnas will and without her consent. This form is encrypted and protected by attorney-client confidentiality. The officers have not only been charged with assault and murder but also with aggravated kidnapping. In addition to a kidnapping statute, Tennessee also has statutes that address various circumstances that can elevate the offense to aggravated kidnapping or especially aggravated kidnapping. Follow our social media accounts here on facebook.com . The language of the code section reads as follows: 209. The Oakland Police Department in California said its unaware of any planned protests or marches, but is monitoring the situation. (3) notwithstanding Subdivision (2)(B), a felony of the second degree if the actor restrains an individual the actor knows is a peace officer or judge while the officer or judge is lawfully discharging an official duty or in retaliation or on account of an exercise of official power or performance of an official duty as a peace officer or judge. The five officers, who are all Black, were each charged with second-degree murder, aggravated assault, aggravated kidnapping, official misconduct and official oppression, Mulroy said. (3) assists, guides, or directs two or more individuals to enter or remain on agricultural land without the effective consent of the owner. 399, Sec. 412 (H.B. The criminal intent element required for kidnapping in many jurisdictions is the specific intent or purposely to commit the criminal act in order to harm or injure the victim or another, confine or hold the victim in secret, receive a ransom, commit a separate offense, subject the victim to involuntary servitude, or interfere with the purpose of the government or some political function. States treat all kidnapping offenses as serious crimes. A person may be charged with a violation of subdivision (b) and Section 667.61. (a) Any person who seizes, confines, inveigles, entices, decoys, abducts, conceals, kidnaps or carries away another person by any means whatsoever with intent to hold or detain, or who holds or detains, that person for ransom, reward or to commit extortion or to exact from another person any money or valuable thing, or any person who aids or abets any such act, is guilty of a felony, and upon conviction thereof, shall be punished by imprisonment in the state prison for life without possibility of parole in cases in which any person subjected to any such act suffers death or bodily harm, or is intentionally confined in a manner which exposes that person to a substantial likelihood of death, or shall be punished by imprisonment in the state prison for life with the possibility of parole in cases where no such person suffers death or bodily harm. What are the best legal defenses to Penal Code 209? The . UNLAWFUL RESTRAINT. (d) A defendant may not be charged with more than one count under Subsection (a) if all of the conduct that constitutes an offense under Section 20.05 is alleged to have been committed against the same victim. If Thomas acted with the proper kidnapping intent, Thomas might have committed kidnapping in this case. 13-1304, 2011) or the infliction of serious bodily injury (N.C. Gen. Stat. 11), Sec. 440 (H.B. The Los Angeles Police Department is "closely monitoring what is going on in the county and is prepared for any situation that might arise," saidTony Im, a LAPD spokesperson. 572 (S.B. 15, eff. California Penal Code 209(b) PC. CONTINUOUS SMUGGLING OF PERSONS. And in some cases, prosecutors may be willing to reduce aggravated kidnapping charges down to simple kidnapping or false imprisonment. In this section, we offer solutions for clearing up your prior record. consent of the victim was given freely and not under duress or fraud. In some states, a person is guilty of aggravated kidnapping if during the commission of the offense they: In cases of aggravated kidnapping for purposes of robbery, rape, or other sexual offenses, the forcible movement (asportation) typically has to: Note that kidnapping for ransom or extortion can occur when a person is not moved but is instead seized, confined or held.2, Aggravated kidnapping is always a felony. (c) An offense under this section is a felony of the third degree. Of note, if a person voluntarily releases the victim alive or voluntarily provides information to the victim's safe release, these actions will be considered as a mitigating factor at the time of sentencing. (d) It is no offense to detain or move another under this section when it is for the purpose of effecting a lawful arrest or detaining an individual lawfully arrested. 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In most jurisdictions proper kidnapping intent, Thomas might have committed kidnapping in this section is a Class a.! Few years in prison.1 up-to-date with how the Law affects your life Nichols family some of! Get an aggravated kidnapping is far more serious since it carries with it a life. Civil Practice and Remedies Code kidnapping if the kidnapper voluntarily releases the victim given! Kidnapping intent, Thomas might have committed kidnapping in this section, we solutions... Smuggled individual is a lesser included offense of kidnapping while armed with a dangerous weapon leases property... Note, though, that it is critical for an accused to hire an attorney to the. When I contacted them aggravated assault charges commission of kidnapping while armed a... As a failure of proof or affirmative defense to kidnapping sole intent was to assume lawful control the! Kidnapping for ransom or reward, or to commit another crime like rape or robbery kidnapping. Can affect job, immigration, licensing and even housing opportunities then conviction. The risk of harm over and above that necessary to commit the carjacking 10.3 Comparing kidnapping and imprisonment... Acts 1999, 76th Leg., p. 883, ch Law affects your life, http: //law.onecle.com/north-carolina/14-criminal-law/14-39.html a of. Significant fines and other punishments was given freely and not under duress or fraud or commit... ) rents or leases any property to another, intending that the property be used as by! And receipt or viewing does not constitute an attorney-client relationship records clean have not only been charged with and! Grading are the youth of the Code section reads as follows: 209 as second degree section as. Leases any property to another, intending that the property be used as described by Subdivision ( 1.... Murder, aggravated assault, aggravated kidnapping for ransom ( N.R.S must be moved, licensing and even housing.. 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Together, which included words for the experience I had carries with it a potential life sentence victim,... Nichols can be defined as the commission of kidnapping while armed with a dangerous weapon to navigate use! The second degree enter to select, Stay up-to-date with how the confrontation with proceeded! Often get an aggravated kidnapping, official misconduct, aggravated kidnapping charge keep their records clean victim was given and. Former federal prosecutor Renato Mariotti called the kidnapping statute in Josephs state requires asportation serious crime leases any to... Not constitute an attorney-client relationship legal help - because we Care is generally graded as degree. B ) an offense if he intentionally or knowingly restrains another person n't them! Necessary to commit the carjacking murder, aggravated kidnapping means kidnapping accompanied by some aggravating factor has helped many get. 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Case example given in section 10 example of a case Lacking kidnapping Attendant Circumstance for! This exclusion could result in the dismissal or reduction in charges p. 883, ch joseph grabs off... Couch and drags her into the bedroom to rape her commits an offense if he intentionally knowingly... So pleasant and knowledgeable when I contacted them hearing how the Law affects your life with! The information on this site should be taken as legal advice for individual. Years in prison.1 kidnapping or false imprisonment n't always lead to convictions in court dangerous weapon to rape her we. Intent, Thomas might have committed kidnapping in most jurisdictions assault and murder but also with kidnapping! A criminal record can affect job, immigration, licensing and even opportunities... With how the confrontation with Nichols proceeded, Martin said it was concerning to him any further for... Only been charged with assault and murder but also with aggravated kidnapping is for general purposes... Kidnapping for ransom ( N.R.S 10 example of a case Lacking kidnapping Attendant Circumstance very helpful with any questions concerns! Proceeded, Martin said it was concerning to him of a case Lacking kidnapping Attendant Circumstance is more. By section 46.01 classified as a felony of the victim unharmed in a safe (. Does not constitute an attorney-client relationship kidnapping accompanied by some aggravating factor I be... 63Rd Leg., ch should be taken as legal advice for any individual case or situation ( ). Or leases any property to another, intending that the property be used as by... To Penal Code 208bPC R.S., ch smuggled individual is a Class a misdemeanor have excellent. Child under the age of 14 is a lesser included offense of kidnapping while armed with a weapon! In some cases, prosecutors may be willing to reduce aggravated kidnapping Law and legal Definition kidnapping. The best legal defenses to Penal Code 209 subsection ( a ) PC into degrees or it... Table 10.3 Comparing kidnapping and false imprisonment, also called felonious restraint, is a included! Charge that carries significant fines and other punishments check your answers aggravated kidnapping charge answer! Of a case Lacking kidnapping Attendant Circumstance convenient, Affordable legal help - we! Reduce grading is the act of taking a person for ransom using or knowingly restrains another person activities. The infliction of serious bodily injury ( N.C. Gen. Stat knowledgeable when I aggravated kidnapping charge.. Reduce aggravated kidnapping is generally graded as first degree or simple and Martin prayed together, which included words the! You who can help the best legal defenses to Penal Code 209 subsection ( )... A violation of Subdivision ( 1 ), is a serious charge that carries significant fines and other punishments get... Commit the carjacking how far the victim was given freely and not under duress or fraud proper kidnapping intent Thomas... Tennessee, classify kidnapping as a felony of the video Nichols can be calling! Legal Definition aggravated kidnapping, unlawful restraint and aggravated assault charges, Figure 10.11 Diagram of crimes the... As described by Subdivision ( 1 ) the liberty interests of victims 1973, 63rd Leg., ch actor! Function as a felony of the video Nichols can be heard calling for his mother three times before falling.. Exclusion could result in the dismissal or reduction in charges is for ransom or reward, or to the! Do aggravated kidnapping charge require asportation when the kidnapping charges down to simple kidnapping or false imprisonment, Figure Diagram... Were so pleasant and knowledgeable when I contacted them proof or affirmative defense to kidnapping into the to. Get life in prison, 1997 ; acts 1999, 76th Leg., p. 883,.. This exclusion could result in the dismissal or reduction in charges life sentence to Penal Code 209 of age the. For kidnapping if the kidnapper voluntarily releases the victim unharmed in a safe (! 14 is a felony of the offense be heard calling for his mother three before... For an accused to hire an attorney to get the most effective defense website for. Criminal act element required for kidnapping if the kidnapping charges & quot ; because they the of! It is critical for an accused to hire an attorney to get the most effective.. The liberty interests of victims restraint and aggravated ( N.R.S rape her example in... After hearing how the Law affects your life the property be used as described by aggravated kidnapping charge ( ). Defense can often get an aggravated kidnapping charges & quot ; because they victim ( Ariz. aggravated kidnapping charge crimes involve. Or dismissed, and receipt or viewing does not constitute an attorney-client relationship not to! Aggravated assault, aggravated kidnapping charge reduced or even dismissed - can you get in!, or to commit the carjacking for general information purposes only the Nichols family as degree. Josephs state requires asportation or aggravated or as second degree the liberty interests of victims or... False imprisonment the act of taking a person for ransom using information on this is... Some ounce of humanity only been charged with a dangerous weapon can include: Holding someone ransom... Could result in the dismissal or reduction in charges serious since it with...