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Kidnapping or abduction is the unlawful abduction and confinement of a person against their will, and is a crime in many jurisdictions. Kidnapping may be accomplished by use of force or fear, or a victim may be enticed into confinement by fraud or deception. Kidnapping is distinguished from false imprisonment by the intentional movement of the victim to a different location.
Kidnapping may be done to demand a ransom in exchange for releasing the victim, or for other illegal purposes. Kidnapping can be accompanied by bodily injury, which in some jurisdictions elevates the crime to aggravated kidnapping.
Kidnapping of a child may be a distinct crime, depending on jurisdiction.
Mexican gangs are estimated to have made up to $250 million in kidnappings from migrants.
According to a 2022 study by political scientist Danielle Gilbert, armed groups in Colombia engage in ransom kidnappings as a way to maintain the armed groups' local systems of taxation. The groups resort to ransom kidnappings to punish tax evasion and incentivize inhabitants not to shirk. A 2024 study argued that insurgent groups are more likely to engage in kidnappings "under two conditions: to generate support and reinstate bargaining capacity when organizations suffer military losses on the battlefield and to enforce loyalties and display strength when organizations face violent competition from other non-state actors."
Kidnapping has been identified as one source by which terrorist organizations have been known to obtain funding.
Express kidnapping is a method of abduction used in some countries, mainly from Latin America, where a small ransom, that a company or family can easily pay, is demanded. Express kidnapping is also used for an immediate ransom in which the victim is taken to an ATM and forced to give the captor money.
Tiger kidnapping occurs when a person is kidnapped, and the captor forces them to commit a crime such as robbery or murder. The victim is held hostage until the captor's demands are met. The term originates from the usually long preceding observation, like a tiger does when stalking prey. This is a method which has been used by the Real Irish Republican Army and the Continuity Irish Republican Army.
Virtual kidnapping is a unique form of kidnapping that has risen in recent years. Unlike previous forms of kidnapping, virtual kidnapping does not actually involve a victim of any kind. The scam involves a process of calling numerous people on the phone and making them believe the caller has a victim's loved one, such as a child, in order to gain a quick ransom from the victim. Previously these calls used to affect Spanish speaking communities in large cities, such as Los Angeles or Houston. Until around 2015 when the calls started to be directed to English speakers as well. Around 80 victims were identified as falling for this scam, with losses ranging close to $100,000. While most perpetrators behind this scam can be linked back to Mexico, one instance occurred in Houston, Texas. Yanette Rodriguez Acosta was found guilty of accosting victims for large sums of money, which she would pick up at a set drop off of point. She was sentenced to seven years in prison, with an additional three years of supervision following her release.
In the past, and presently in some parts of the world (such as southern Sudan), kidnapping is a common means used to obtain Slavery and money through ransom. In the 19th century, kidnapping in the form of shanghaiing (or "Impressment") men supplied merchant ships with , whom the law considered unfree labour.
Bride kidnapping is a term often applied loosely, to include any bride "abducted" against the will of her parents, even if she is willing to marry the "abductor". It still is traditional amongst certain peoples of Central Asia. It has seen a resurgence in Kyrgyzstan since the fall of the Soviet Union and the subsequent erosion of women's rights.
Kidnapping has sometimes been used by the family and friends of a cult member as a method to remove them from the cult and begin a deprogramming process to change their allegiance away from the group.
Motivations for kidnapping cannot always be easily defined. During the 1990s and afterward, for example, the New York divorce coercion gang was involved in a sting of kidnappings. They would take Jewish husbands from their homes in New York and New Jersey and torture them in order for them to grant gittin, or religious divorces, to their wives. The gang is notorious for crimes of this nature. They were later apprehended for their crimes on October 9, 2013, in connection with a foiled kidnapping plot.Samaha, Albert; "Bad Rabbi: Tales of Extortion and Torture Depict a Divorce Broker's Brutal Grip on the Orthodox Community" , Dec 4, 2013; Village Voice "Three Orthodox Jewish Rabbis Convicted of Conspiracy to Kidnap Jewish Husbands in Order to Force Them to Consent to Religious Divorces" , Apr 21, 2015; U.S. Federal Bureau of Investigation
In all cases of kidnapping of children, where it is alleged that a child has been kidnapped, it is the absence of the consent of that child which is material. This is the case regardless of the age of the child. A very small child will not have the understanding or intelligence to consent. This means that absence of consent will be a necessary inference from the age of the child. It is a question of fact for the jury whether an older child has sufficient understanding and intelligence to consent. R v D 1984 AC 778, HL Lord Brandon said: "I should not expect a jury to find at all frequently that a child under fourteen had sufficient understanding and intelligence to give its consent." R v D 1984 AC 778 at 806, HL If the child (being capable of doing so) did consent to being taken or carried away, the fact that the person having custody or care and control of that child did not consent to that child being taken or carried away is immaterial. If, on the other hand, the child did not consent, the consent of the person having custody or care and control of the child may support a defence of lawful excuse. It is known as Gillick competence.For the Charging child abduction and kidnapping in the same indictment see: R v C 1991 2 FLR 252, 1991 Fam Law 522, CA.
Regarding restriction on prosecution, no prosecution may be instituted, except by or with the consent of the Director of Public Prosecutions, for an offence of kidnapping if it was committed against a child under the age of sixteen and by a person connected with the child, within the meaning of section 1 of the Child Abduction Act 1984.The Child Abduction Act 1984, section 5 Kidnapping is an indictable-only offence. Kidnapping is punishable with imprisonment or fine at the discretion of the court. There is no limit on the fine or the term of imprisonment that may be imposed provided the sentence is not inordinate.For background, see: R v Morris 1951 1 KB 394, 34 Cr App R 210, CCA. (Also:) R v Spence and Thomas, 5 Cr App R (S) 413, 1984 Crim LR 372, CA. Further information: Crown Prosecution Service: For the CPS guidance, see: For Offences against the person, see:
A parent should only be prosecuted for kidnapping their own child "in exceptional cases, where the conduct of the parent concerned is so bad that an ordinary right-thinking person would immediately and without hesitation regard it as criminal in nature".
Most states recognize different types of kidnapping and punish according to such factors as the location, duration, method, manner and purpose of the offense. There are several deterrents to kidnapping in the United States of America. Among these are:
In 2009, Phoenix, Arizona reported over 300 cases of kidnapping, gaining it a reputation as America's kidnapping capital, as according to the Los Angeles Times. Hundreds of kidnappings for ransom occurred in the city, as per the Times, most of them having connections to Mexican drug and human trafficking as a way to pay off unpaid debts. These statistics would have made the city have the highest kidnapping rate of any U.S. city, and second in the world only to Mexico City. However, an investigation and later audit by the U.S. Department of Justice Inspector General found these statistics to be falsified. Only 59 federally reportable kidnappings occurred in 2008. This is in comparison to the over 300 claimed kidnappings on grant applications. The falsified data can be attributed to a variety of issues within the southwestern United States as a whole, including misclassification by local police, lack of unified standards, a desire for Federal grants, or the Mexican Drug War.
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Kidnapping for ransom is a common occurrence in various parts of the world today. In 2018, the United Nations found Pakistan and England had the highest number of kidnappings while New Zealand had the highest rate among the 70 countries for which data is available. As of 2007, that title belonged to Iraq with possibly 1,500 foreigners kidnapped. In 2004, it was Mexico, and in 2001, it was Colombia. Reports suggest a world total of 12,500–25,500 per year with 3,600 per year in Colombia and 3,000 per year in Mexico around the year 2000. However, by 2016, the number of kidnappings in Colombia had declined to 205 and it continues to decline.
Mexican numbers are hard to confirm because of fears of police involvement in kidnapping. According to Pax Christi, a Catholic peace movement, "Kidnapping seems to flourish particularly in fragile states and conflict countries, as politically motivated militias, organized crime and the drugs mafia fill the vacuum left by government".
Since 2019, the risk of kidnapping has risen worldwide, as a result of the COVID-19 pandemic. This increase is mostly seen in kidnappings for ransom. This factors from a variety of aspects, including socioeconomic disparities, insufficient resources, and flawed judicial systems. Another impact of the COVID-19 pandemic on kidnappers is the economic strain that it had put many families through. This pressured kidnappers to increase kidnappings as well as ransom demands. After 2022, the diminishing effects of COVID-19 have led many countries to welcome back in-person interactions, travel and tourism. The connection between increased tourism and kidnapping is reflected through the rise of global kidnapping rates from 2019 to 2021–2023.
The highest recorded ransom demand in 2021 was $77.3 million, while in 2019, it was $28.7 million. Between those two years, the average global ransom demand increased 43%, while the median global ransom demand increased by 6%. In Sub-Saharan Africa, regions such as Congo (DRC), Nigeria, and South Africa are likely to maintain higher levels of kidnappings due to ongoing effects of religious extremist groups, recent genocides, and civil wars. While there is no hard evidence of which country had the most kidnappings in 2021, the American region (which includes Mexico) maintains its position as the region with the second highest kidnapping rates.
One notorious failed example of kidnap for ransom was the 1976 Chowchilla bus kidnapping, in which 26 children were abducted with the intention of bringing in a $5 million ransom. The children and driver escaped from an underground van without the aid of law enforcement. According to the Department of Justice, kidnapping makes up 2% of all reported violent crimes against juveniles.
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