Kidnapping and forcible confinement are serious criminal offences involving the unlawful taking and holding of someone against their will.
Kidnapping and Forcible Confinement: Criminal Code Definition
Kidnapping and forcible confinement are defined under Section 279 of the Criminal Code.
Kidnapping
279 (1) Every person commits an offence who kidnaps a person with intent
(a) to cause the person to be confined or imprisoned against the person’s will;
(b) to cause the person to be unlawfully sent or transported out of Canada against the person’s will; or
(c) to hold the person for ransom or to service against the person’s will.
Forcible confinement
(2) Every one who, without lawful authority, confines, imprisons or forcibly seizes another person is guilty of
(a) an indictable offence and liable to imprisonment for a term not exceeding ten years; or
(b) an offence punishable on summary conviction.
Elements of Kidnapping and Forcible Confinement
To prove kidnapping or forcible confinement, the Crown must establish:
- The identity of the accused.
- The date and location of the incident.
- That the accused forcibly took or confined the complainant.
- That the complainant did not consent.
- That the accused had no lawful authority to do so.
Potential Penalties for Kidnapping and Forcible Confinement
Penalties for kidnapping and forcible confinement can vary:
- Forcible Confinement:
- Summary Conviction: Up to 18 months in prison.
- Indictable Offence: Up to 10 years in prison.
- Kidnapping:
- Indictable Offence: Up to life imprisonment.
Click here to learn more about the potential penalties for kidnapping and forcible confinement.
Defences Available for Kidnapping and Forcible Confinement
Possible defences against kidnapping and forcible confinement charges include:
- Consent: Demonstrating that the complainant agreed to the actions.
- Lack of Intent: Proving that there was no intention to forcibly confine or kidnap.
- Mistaken Identity: Showing that someone else committed the offence.
- Self-Defence or Defence of Others: Arguing that the actions were taken to protect oneself or others from harm.
Speak to a Criminal Lawyer Today
Facing kidnapping or forcible confinement charges requires expert guidance to navigate the complexities of the legal system. A skilled criminal lawyer can challenge the evidence, develop a robust defence strategy, and ensure your rights are protected throughout the process. For a comprehensive approach and the best possible outcome, consult with a professional. Call (855) 585-1777 to receive a free consultation with a criminal lawyer today.
