Kidnapping Laws and Penalties in Alaska

Kidnapping Laws and Penalties in Alaska

Kidnapping is a really serious crime in Alaska that can get you a lot of jail time. This article will go over the laws about kidnapping here in Alaska and what kinds of punishment you can get if you break them.

What is Kidnapping?

Kidnapping is when you take someone somewhere or keep them somewhere against their will. It doesn’t matter if you use force or threats or trick them – if the person doesn’t want to go with you or stay with you, it’s kidnapping.

Some examples of kidnapping are:

• Grabbing someone off the street and forcing them into your car
• Holding someone in a room and not letting them leave
• Taking a child somewhere without their parent’s permission

It’s also kidnapping if you restrain someone’s movement in a way that makes it hard for them to get away. Like if you tie them up or lock them in a room. The victim doesn’t have to go anywhere – just taking away their freedom of movement counts.

Kidnapping Laws in Alaska

Here are some of the main kidnapping laws in Alaska:

• It’s kidnapping to restrain someone with intent to hold them for ransom, reward, or other benefit (AS 11.41.300(a)(1)).
• It’s kidnapping to restrain someone to inflict physical injury or sexually assault them (AS 11.41.300(a)(2)).
• It’s kidnapping to restrain someone and interfere with their performance of official duties (like a police officer or government employee) (AS 11.41.300(a)(3)).
• It’s kidnapping if you’re legally required to have custody of a child under 16 and you take or keep them somewhere else (AS 11.41.320). This includes things like not returning a child after visitation.

Kidnapping is an “unclassified felony” in Alaska, which is the most serious type of crime. It’s punishable by up to 99 years in prison (AS 11.41.300(c)).

There are also some defenses that could get you a lower sentence:

• If you voluntarily released the victim alive and not suffering from serious physical injury, the maximum sentence is only 20 years (AS 11.41.300(d)).
• If you’re a relative of the victim (like a parent) and you were trying to assume legal custody, it’s a defense against some kidnapping charges (AS 11.41.320(b)). But there are still penalties.

Penalties for Kidnapping in Alaska

Like we said, kidnapping has really serious penalties here in Alaska. Let’s break it down:

Up to 99 Years in Prison

Kidnapping is an unclassified felony, which means it can get you anywhere from 5 to 99 years in prison under Alaska law (AS 12.55.125). The judge looks at the details of your case to decide how long your sentence should be.

Factors that make your sentence longer include:

• Using a dangerous weapon
• Causing serious physical injury or sexual assault
• Demanding a ransom
• Kidnapping a child
• Having prior felonies on your record

So if it was an especially bad kidnapping, you could end up with a sentence on the higher end, like 60-99 years.

As Low as 5 Years with Mitigating Factors

If there are mitigating factors in your case, the judge can give you as little as 5 years. Mitigating factors are things that make your crime less serious, like:

• No prior criminal record
• Acting under strong provocation
• The victim played a role in the crime
• Releasing the victim voluntarily

So if it was a spur of the moment thing, the victim wasn’t hurt, and you let them go right away, you might get 5-10 years instead of decades.

Up to 20 Years if You Release the Victim

Remember, if you voluntarily release the victim alive and not seriously injured, your max sentence goes down to 20 years instead of 99 (AS 11.41.300(d)). So it’s a big incentive to let the person go unharmed.

Fines Up to $500,000

On top of time in prison, the judge can order you to pay a fine of up to $500,000 for a felony conviction (AS 12.55.035). And you’ll probably have a lot of other costs like court fees, victim restitution, etc.

Other Consequences of a Kidnapping Conviction

A kidnapping conviction doesn’t just affect your freedom – it can mess up your life in other ways too:

• You’ll have a felony on your record, which makes it hard to get jobs, housing, loans, etc.
• You might have to register as a sex offender if sexual assault was involved.
• You’ll lose gun rights – felons can’t own firearms.
• If the victim was a child, you may lose custody or visitation rights.
• Your name and mugshot could be in the news, causing reputation damage.

So kidnapping charges are no joke! You need an experienced criminal defense lawyer to help avoid these life-changing consequences.

Defenses to Kidnapping Charges

There are some defenses that your lawyer could use to fight kidnapping charges:

No Intent to Kidnap

If you can show you didn’t intend to kidnap someone, it could beat the charges. For example, maybe you restrained someone to defend yourself, not to abduct them. Or you took a child somewhere for a benign reason, not to hide them from their parents.

Consent

It’s not kidnapping if the “victim” consented to go with you or be restrained by you. So if you can show the person went voluntarily, that’s a defense. Though lack of consent is assumed for kids.

Mistaken Identity

If you can show you’re not the person who committed the kidnapping, the charges could get dismissed. Eyewitness misidentification does happen.

False Accusations

Unfortunately, people sometimes make up kidnapping accusations out of anger, jealousy, or mental illness. Your lawyer will investigate to see if the alleged victim is lying or confused.

Intoxication

Being extremely drunk or high can be a partial defense if it prevented you from forming the intent to kidnap someone. But voluntary intoxication rarely gets charges dismissed completely.

Get a Lawyer’s Help with Kidnapping Charges

Don’t go through a kidnapping case alone – these charges are scary. Have an experienced criminal defense lawyer investigate the evidence, challenge unreliable witnesses, and raise strong defenses. A skilled attorney can often get charges reduced or dismissed. So contact a few lawyers and pick the best one you trust.

Fighting kidnapping accusations in Alaska takes knowledge of specific state laws. So make sure your lawyer is licensed here and familiar with AK courts. And they should have a proven record of winning kidnapping and other felony cases. With an aggressive defense, you may be able to avoid years behind bars.