A conviction for the crime of kidnapping is very serious and the penalties are harsh. If you are convicted of this crime in Nevada, you may face a lifelong prison sentence, but even shorter sentences come with the unshakable stigma that will follow you for the rest of your life. Anyone who has been charged with kidnapping, of any degree, should seek an experienced attorney right away. There are many nuances to a charge of this nature and building a proper defense can become complicated and take time.
An Explanation of the Degrees of Kidnapping in Nevada
Contrary to a federal kidnapping charge, which is not divided into degrees, Nevada breaks this crime into first or second degree charges. The difference is primarily in the intention of and acts that occur during the kidnapping and during the time in which someone is held against their will.
First Degree Kidnapping
This is defined in NRS 200.310 as an act in which a person willfully seizes, confines, entices, decoys, abducts, conceals, kidnaps or carries away a person by any means whatsoever with the intent to hold or detain them for ransom, reward, committing sexual assault, extortion, robbery or to kill or inflict substantial bodily harm on them. It also includes the abduction and confinement of a minor from their parents or guardians, and the intention of holding that minor to unlawful service or performing unlawful acts upon them.
Second Degree Kidnapping
A second degree kidnapping is more succinctly defined as a person willfully and without legal authority seizing, taking, carrying away or abducting another person with the intention of secretly imprisoning them within the state, conveying them out of the state without legal authority, or holding them in service and detaining them against their will.
Many people seem to believe that kidnapping is a simpler act than it is, in a legal sense, but there is often much more to this crime. By these definitions, it should be clear that kidnapping charges can be paired with many additional related charges, including charges related to sex trafficking or for confinement or harmful events that occur in the course of certain acts of robbery or home invasion.
Penalties for Kidnapping Convictions
While both first and second degree charges of kidnapping result in felony convictions in Nevada, they are different levels with differing penalties.
First Degree Kidnapping
This is a category A felony, with sentencing that corresponds to any harm sustained by the victim of the kidnapping during their taking, over the course of their detainment or during an attempt at escape.
If the victim did come to substantial bodily harm, the penalties can include:
● A life sentence in Nevada State Prison with no possibility of parole
● A life sentence in prison with the possibility of parole after a minimum of 15 years served
● 40 years in prison, with the possibility of parole eligibility after a minimum of 15 years served
If the victim did not sustain substantial bodily harm, the penalties can include:
● A life sentence in Nevada State Prison with the possibility of parole after a minimum of 5 years served
● 15 years in prison, with the possibility of parole eligibility after a minimum of 5 years served
Second Degree Kidnapping
This is a category B felony, with penalties including:
● From 2 to 15 years in Nevada State Prison
● Fines up to $15,000
