Can I Be Charged With Rape And Kidnapping In Pennsylvania?
The simple answer to this question is “Yes, you can be charged with rape AND kidnapping in Pennsylvania.” The facts and circumstances of the case determine whether the prosecution will add the charge of kidnapping to the list of criminal charges associated with sexual assault.
In many cases of sexual assault, the prosecution adds a charge of kidnapping because the victim was unlawfully confined for a “substantial period in a place of isolation” with the intent of committing a felony, conflict bodily harm, or terrorize the victim. Rape and other sexual assaults meet the definition of inflicting bodily harm and/or committing a felony.
If you are charged with kidnapping in association with rape or sexual assault, you must take the matter very seriously. Kidnapping is a felony under Pennsylvania law. A conviction for kidnapping carries extremely serious consequences under Pennsylvania law. Call The Travis Law Firm toll free at (800) 401-2066 to schedule a free consultation with an experienced Edinboro sexual assault defense attorney.
How Is Kidnapping Punished in Pennsylvania?
There are three degrees of kidnapping under Pennsylvania law.
First Degree Kidnapping
First-degree kidnapping is defined as “The removal or confinement…accomplished by force, threat or deception” of a person. In the event the person is an incapacitated person or a minor under the age of 14 years, the act is committed without the consent of a parent, guardian, or other person charged with the supervision or welfare of the person. If convicted of kidnapping in the first degree, you face up to 20 years in prison and $25,000 in fines.
Second Degree Kidnapping
Second-degree kidnapping is defined as a person, not the parent or person of equivalent relation to the child, “acted with knowledge that his conduct would cause serious alarm for the safety of the child, or in reckless disregard of a likelihood of causing such alarm.” Second-degree kidnapping is punished by a prison sentence of up to 10 years and $25,000 in fines.
Third Degree Kidnapping
Third-degree kidnapping is defined as someone, other than a member of the family or an intermediary of the family knowingly receiving, retaining, or disposing of “money or other property of another knowing that the money or other property constitutes a ransom derived from an offense under this chapter, or has reason to believe that such money or other property is ransom derived from” kidnapping or other offense defined under kidnapping chapter of law. A conviction of third-degree kidnapping carries a prison sentence of up to seven years and $15,000 in fines.
Call an Edinboro Sexual Assault Defense Attorney
We know how intimidating it can be to face the Pennsylvania criminal justice system alone. Depending on the criminal charges, you could face substantial fines, lose your driver’s license, be imprisoned, be added to the sex crimes registry, and have a felony criminal record. Don’t face the justice system alone. Hire an attorney who understands the law and who aggressively fights for the rights of his clients.
We have three offices to serve you better — Erie, Edinboro, and Warren. Contact The Travis Law Firm toll-free at (800) 401-2066 to schedule a free consultation with one of our attorneys.