Kidnapping and confinement are terrifying words and the laws in Indiana reflect that.  Being charged with criminal confinement or kidnapping in Indiana is a serious offense with severe potential penalties that includes lengthy jail time and fines. The statute also includes the crime of interference with the custody of a child. Because charges under these criminal statutes are felonies, they should be taken seriously. If have been charged with these offenses in Indianapolis or anywhere in the Central Indiana area, you should seek the assistance of a seasoned criminal defense counsel, such as Chris Eskew of Eskew Law.

What to know about Kidnapping

According to Ind. Code § 35-42-3-2, a person is guilty of kidnapping if he or she intentionally removes another person from one place to another by fraud, enticement, force, or threat of force. It is considered a Level 6 felony punishable by up to two and a half years of imprisonment and a fine not exceeding $10,000. However, the following aggravating circumstances may upgrade it to a higher felony class:

• If the person removed is less than fourteen years old and is not the offender’s child, is committed by using a vehicle, or results in bodily injury to another person, it is considered a Level 5 felony which, under Ind. Code § 35-50-2-6, is punishable by a prison term of between one and six years, and a fine not exceeding $10,000.
• If the crime is committed while armed with a deadly weapon, results in serious bodily injury to another person, or is committed on an aircraft, it is considered a Level 3 felony with a potential prison term of between three and sixteen years and a fine not exceeding $10,000.
• If the offense is committed with intent to obtain ransom, while hijacking a vehicle, with intent to obtain the release, or intent to aid in the escape, of any person from lawful incarceration, or with intent to use the person removed as a shield or hostage, it is a Level 2 felony punishable by a term of imprisonment of between ten and thirty years and a fine not more than $10,000, in accordance with Ind. Code § 35-50-2-4.5.

Criminal Confinement

Criminal confinement under Ind. Code § 35-42-3-3 is structured in the same way as the kidnapping statute. The only difference is that the crime involves confinement without the victim’s consent, instead of removal as it is in kidnapping. It is also normally considered a Level 6 felony, but the aggravating circumstances outlined under kidnapping are also applicable in the criminal confinement statute.

Interference with Custody

Ind. Code § 35-42-3-4 provides that a person is guilty of interference with custody if he or she removes another person who is less than eighteen years of age to a place outside Indiana or fails to return such child to Indiana, in violation of a child custody order of a court, with the intent to deprive another person of child custody rights. It is considered a Level 6 felony unless the child is less than fourteen years old and is not the offender’s child, in which case it is a Level 5 felony. If the crime is committed while armed with a deadly weapon or results in serious bodily injury to another, it is a Level 4 felony. Under Ind. Code § 35-50-2-5.5, Level 4 felonies are punishable with a prison term between two and twelve years and a fine not exceeding $10,000.

If you are charged with criminal confinement, kidnapping, or interference with custody in Indianapolis or anywhere in the Central Indiana area, you must contact an experienced criminal defense attorney immediately. Call Eskew Law at (317) 793-2325 or submit our online consultation request form. We will work closely with you to craft an effective defense strategy for your case.