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WHAT IS KIDNAPPING IN NEVADA?
Kidnapping is the willful seizure, confinement, abduction, or carrying away of a person by force, threat, or deception. Nevada law divides kidnapping into first and second degree based on the purpose and circumstances of the confinement.
WHAT THE PROSECUTION MUST PROVE
To convict you of Kidnapping in Nevada, the prosecution must prove each of the following elements beyond a reasonable doubt:
The defendant willfully seized, confined, abducted, or carried away another person
The act was done by force, threat, or deception
For first degree: the purpose was ransom, extortion, robbery, sexual assault, or other specified crimes
If the prosecution cannot prove any single element beyond a reasonable doubt, you cannot be convicted.
PENALTIES FOR KIDNAPPING IN NEVADA
First Degree Kidnapping
Category A felony. Life in prison with possibility of parole. If victim suffers substantial bodily harm, life without parole.
Second Degree Kidnapping
Category B felony. 2 to 15 years in prison.
THOMAS'S DEFENSE TIPS
Insights from Thomas Boley — Las Vegas criminal defense attorney with 18+ years defending kidnapping charges
Many kidnapping charges arise from domestic disputes or child custody situations. Moving a child without the other parent's consent can technically constitute kidnapping — even if you are the child's parent.
The prosecution must prove the movement or confinement was more than incidental to another crime. Brief, incidental movement during a robbery, for example, may not support a separate kidnapping charge.
False imprisonment (NRS 200.460) is a lesser included offense. If the facts do not support full kidnapping, negotiating to a false imprisonment charge can dramatically reduce the potential sentence.
The above represents general observations from years of criminal defense practice in Nevada. Every case is different — contact Thomas for advice specific to your situation.
COMMON DEFENSES TO KIDNAPPING
Every case is unique, but these are the defenses most commonly raised in kidnapping cases in Nevada:
Consent — the alleged victim voluntarily accompanied the defendant
Parental rights — lawful custody of a child
The movement was incidental to another act, not a separate kidnapping
Mistaken identity
False accusation