Kidnapping – South Carolina Criminal Defense
Kidnapping Defense
South Carolina Kidnapping Laws
South Carolina has three charges usually associated with Kidnapping. These are Kidnapping, Conspiracy to Kidnap, and Trafficking in persons for forced labor. All three of these charges are felonies with the possibility of long prison sentences.
The actual restraint of a person does not need to be accomplished by force. It also does not need a specific amount of time to elapse to be considered unlawful. There is no legally defined distance that an alleged kidnapping victim must travel. A kidnapping charge might look like a variety of actions. For example, if someone forcibly moves someone else, holds them in a room, or even forces them to remain in a car momentarily. This means that a person can be charged with crime if the police apply the broadest sense of the law in their determinations.
A parent or legal guardian cannot be charged with kidnapping of their own child unless that child is an adult.
‘Whoever shall unlawfully seize, confine, inveigle, decoy, kidnap, abduct or carry away any other person by any means whatsoever without the authority of law, except when a minor is seized or taken by his parent, is guilty of a felony and, upon conviction, must be imprisoned for a period not to exceed thirty years unless sentenced for murder.’
‘If two or more persons enter into an agreement, confederation, or conspiracy to violate the provisions of Section 16-3-910 (Kidnapping) and any of such persons do any overt act towards carrying out such unlawful agreement, confederation, or conspiracy; each such person shall be guilty of a felony and, upon conviction, shall be punished in like manner as provided for the violation of Section 16-3-910 (Kidnapping).’
‘A person who knowingly subjects another person to forced labor or services, or recruits, entices, harbors, transports, provides, or obtains by any means another person knowing that the person will be subjected to forced labor or services, or aids, abets, attempts, or conspires to do any of the above acts is guilty of a felony known as trafficking in persons for forced labor or services and, upon conviction, must be imprisoned for not more than fifteen years.’
Can Kidnapping land you on the Sex Offender Registry?
Those who have been convicted of kidnapping are by default placed on the Sex Offender Registry. This is a public database that shows those who have been convicted of a sexual offense. Once someone is placed on the list it’s almost impossible to get out of it. Purposefully avoiding registration is an additional criminal offense. A person charged with kidnapping can only avoid forced registration if the presiding judge rules the crime was not sexual in nature. There is a caveat, if the alleged victim is under 18 then the registration is mandatory.
You have options – The Kent Law Firm
Criminal Defense Lawyers
State courts and judges prosecute these kinds of charges with top scrutiny. Retaining the help of expert criminal defense legal counsel should be your number one priority. The Kent Law Firm has worked in all corners of the state and has successfully defended criminal charges of all types. Without the proper legal defense, you could face the worst consequences.
We’re here to help. Contact our law firm at (803) 433-5368 for a confidential, free consultation.
