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10/2/2011 18:37
by Anonymous |
Kidnapping
Well, I'm glad it's just a hypothetical. The short answer is yes. Depending on the circumstances, the act you describe above could rise to the level of a punishable crime. Massachusetts law provides severe penalties for many and varied forms of kidnapping. The various versions of the crimes are spelled out in Massachusetts General Laws Chapter 265, Sections 26, 26A, and 27A. The most commonly understood type of kidnapping is when one person uses force or coercion to confine or imprison another against their will. It is important to note that Massachusetts law does not require the actual use of force. The threat of force or some some other form of manipulation can be sufficient, as in your hypothetical. If convicted, the kidnapper can face up to 10 years in prison. Other forms of kidnapping, or crimes related to kidnapping include:
(1) Using a gun during the course of a kidnapping (minimum of 10 years in prison); (2) Kidnapping another with the intent to extort money (minimum 20 years in prison); (3) Using a dangerous weapon in the commission of a kidnapping and causing serious bodily injury (25 years); (4) Sexual assault of the kidnapped person (25 years); and (5) Kidnapping a person who is not 16 years old (15 years).
Hope that helps.
Kidnapping
The comments made by the editor are accurate and helpful.
In pertinent part the Massachusetts kidnapping statute reads as follows: "Whoever, without lawful authority, forcibly or secretly confines or imprisons another person within this commonwealth against his will ... shall be punished by imprisonment in the state prison for not more than ten years..." (This is from Section 26 of Chapter 265 of the Massachusetts General Laws.) So to commit the crime of kidnapping under this part of the statute one must do the following acts:
(1) confine or imprison another person;
(2) forcibly or secretly;
(3) without lawful authority
(4) within the Commonwealth of Massachusetts;
(5) against the will of that other person.
The facts you pose in your question could very well become a kidnapping if the person stayed in the house against their will as a result of the threat you made to beat them up. You would have "forcibly confined the person"; the force being the threat to beat them up.
Your question does not give any of the other facts of the case so we cannot tell from your question if this is a boyfriend/girlfriend situation or an older person/younger person bullying situation. If it is a boyfriend/girlfirend situation and you are hoping to keep the affections of the other person by threatening them you are in need of counseling and would benefit from a batterers intervention program. By the way the simple act of threatening to beat someone up is itself a crime. In Massachusetts it is a crime punsihable by up to six months in jail to threaten to hit someone.
I hope this answers your question.
Attorney Robert D. Lewin
LEWIN & LEWIN, ATTORNEYS
Offices in Malden, MA & Andover, MA
Tel. 781-322-2228
Fax. 781-322-6351
Email: rlewin@lewinandlewin.com
Website: www.attyrobertlewin.com