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Old 04-18-2006, 09:08 AM
kddani kddani is offline
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Re: Re: Re: Two men Charged and Arrested on $400,000 bond

Quote:
Originally posted by Gods Ivy
They were arrested and charged with first degree forceable rape, first degree sexual offence, and kidnapping. I am unsure why the kidnapping but I guess that will come out later.

Kidnapping generally can be either the taking of a person from once place to another against his or her will, OR the confining of a person to a controlled space (also against his or her will)


North Carolina law on kidnapping:
§ 14‑39. Kidnapping.

(a) Any person who shall unlawfully confine, restrain, or remove from one place to another, any other person 16 years of age or over without the consent of such person, or any other person under the age of 16 years without the consent of a parent or legal custodian of such person, shall be guilty of kidnapping if such confinement, restraint or removal is for the purpose of:

(1) Holding such other person for a ransom or as a hostage or using such other person as a shield; or

(2) Facilitating the commission of any felony or facilitating flight of any person following the commission of a felony; or

(3) Doing serious bodily harm to or terrorizing the person so confined, restrained or removed or any other person; or

(4) Holding such other person in involuntary servitude in violation of G.S. 14‑43.2.

(b) There shall be two degrees of kidnapping as defined by subsection (a). If the person kidnapped either was not released by the defendant in a safe place or had been seriously injured or sexually assaulted, the offense is kidnapping in the first degree and is punishable as a Class C felony. If the person kidnapped was released in a safe place by the defendant and had not been seriously injured or sexually assaulted, the offense is kidnapping in the second degree and is punishable as a Class E felony.
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