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Introduction
Section 2C:13-3 of the New Jersey Code of Criminal Justice defines false imprisonment as knowingly restraining another person unlawfully to interfere substantially with his liberty (Justia, 2020). Therefore, a prosecutor must prove certain elements beyond a reasonable doubt to determine false imprisonment. In particular, it must be proved that the defendant acted knowingly, restrained the victim unlawfully, and their actions interfered substantially with the victim’s liberty.
Unlawful Restraint
Section 2C:13-2 of the New Jersey Code of Criminal Justice defines criminal restraint (Justia, 2020). However, the New Jersey Code interprets it specifically as an unlawful restraint with the risk of serious bodily injury or a goal of holding a victim in involuntary servitude. In this regard, unlawful restraint should be interpreted as a legally unauthorized restriction of others’ liberty. For example, grabbing someone by the wrists or blocking someone in a doorway would fit this definition since these actions restrain others’ liberty but are not as severe as criminal restraint.
Locking in a Room as an Unlawful Restraint Element
As explained previously, unauthorized actions interfering with someone’s liberty are sufficient to classify conduct as unlawful restraint. In this regard, it is not necessary to physically lock a person in a room to unlawfully restrain them.
Confinement
The New Jersey Code of Criminal Justice does not provide a specific definition of confinement. As such, the closest section to unlawful confinement is 2C:13-3 False Imprisonment. Therefore, a prosecutor must consider whether substantial interference with the victim’s liberty occurred. Regarding confinement, such interference would include physical restriction of movement without voluntary consent or legal authorization.
Kidnapping
According to Section 2C:13-1, kidnapping is an unlawful removal of a person from the place of their residence or business (Justia, 2020). In addition, kidnapping is explicitly characterized by the factor of purpose, such as getting a ransom or inflicting bodily injuries. Therefore, the required elements of kidnapping are unlawful relocation of the victim and the presence of other potential criminal purposes.
Reasons for Kidnapping
Kidnapping requires an element of purpose, the reason for a forceful relocation of the victim. Examples of the reasons for kidnapping are holding the victim for ransom, using them as a hostage for achieving political goals, or committing other crimes, such as sexual, thereafter.
Consent Factor in Kidnapping
Kidnapping implies an element of involuntary, forceful removal of a victim from the place of their residence or business. Therefore, in most cases, one cannot be charged with kidnapping if a victim expressed consent. However, Section 2C:13-1 has provision 2, which classifies a felony as kidnapping if a victim is less than 16 years old and removal was accomplished by deception (Justia, 2020). Therefore, children can be kidnapped by consent, which in theory can be obtained through threats or deception.
Kidnapping and Child Custody
When it comes to child custody, the issue usually involves parents, guardians, or other lawful custodians who may detain a child for certain purposes. New Jersey v. Froland (2007) is an example of such a case, where a stepmother and her husband attempted to leave the state of New Jersey with children (FindLaw, n.d.). However, they did not get consent from the children’s mother and faced kidnapping charges. In the end, the Supreme Court of New Jersey reversed the judgment of the Appellate Division and subjected the stepmother and father of the children to prosecution under the child custody interference statute.
Conclusion
On January 14, 2019, 56-year-old Serge Nkorina and his accomplice kidnapped a plastic surgeon who had treated his wife and tortured him. According to the prosecutors, the offenders put the victim in a storage container and burned his hands with a blow torch (AP News, 2021). Nkorina intended to get security codes and rob the victim’s house, but now he could be sentenced to life imprisonment (AP News, 2021). Overall, this case has the key elements of kidnapping, such as unlawful relocation and confinement with subsequent criminal purposes.
References
AP News. (2021). Florida man guilty of kidnapping, torturing plastic surgeon. Associated Press News. Web.
FindLaw. (n.d.). State v. Froland. Web.
Justia. 2020 New Jersey revised statutes: Title 2C – The New Jersey Code of Criminal Justice. Web.
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