The Elements of Crime
Unit 9 Project
MW
Kaplan University
CJ230-02
Professor Hulvat
September 7, 2010
Unit 9 Project
There are many different crimes that people can commit in today’s society. For each crime there is an actus reus, mens rea, and it is classified as either crime against property, crime against person, or crime against public order. Listed below are kidnapping, robbery, and disorderly conduct.
Kidnapping
Kidnapping is a crime of unlawfully seizing and carrying away a person by force or seizing and detaining a person against his or her will with intent to carry that person away at a later time. A person may be kidnapped because the kidnapper may want a ransom, a reward, to use you as a shield or to use you as a hostage. Kidnapping is a felony in the first degree and a person who is convicted of kidnapping is usually sentenced to prison for a certain number of years. If the kidnapper releases the victim then it is a felony in the second degree. In Virginia kidnapping is a class five felony but if the kidnapping is committed by a parent then it is a class one misdemeanor. If the kidnapping is done by a parent and that parent moves the abducted out of Virginia then it is a class six felony (USLEGAL.com, 2010).
There are two key elements that are common to all charges of kidnapping. One is the removal or detention must be unlawful. The second one is that there has to be some aggravating circumstance must accompany the restraint or asportation (Lippman, 2010). The mens rea of kidnapping is thought to be intent to move or to confine the victim without his or her consent. The essence of kidnapping is the actus reus of the forcible movement of a person from one place to another. The central issue is the extent of the movement required. The traditional rule in American law is that any movement, no matter how limited, is sufficient. Kidnapping is a crime against a person because it is the unlawful and nonconsensual abduction of an individual. An
MW
Kaplan University
CJ230-02
Professor Hulvat
September 7, 2010
Unit 9 Project
There are many different crimes that people can commit in today’s society. For each crime there is an actus reus, mens rea, and it is classified as either crime against property, crime against person, or crime against public order. Listed below are kidnapping, robbery, and disorderly conduct.
Kidnapping
Kidnapping is a crime of unlawfully seizing and carrying away a person by force or seizing and detaining a person against his or her will with intent to carry that person away at a later time. A person may be kidnapped because the kidnapper may want a ransom, a reward, to use you as a shield or to use you as a hostage. Kidnapping is a felony in the first degree and a person who is convicted of kidnapping is usually sentenced to prison for a certain number of years. If the kidnapper releases the victim then it is a felony in the second degree. In Virginia kidnapping is a class five felony but if the kidnapping is committed by a parent then it is a class one misdemeanor. If the kidnapping is done by a parent and that parent moves the abducted out of Virginia then it is a class six felony (USLEGAL.com, 2010).
There are two key elements that are common to all charges of kidnapping. One is the removal or detention must be unlawful. The second one is that there has to be some aggravating circumstance must accompany the restraint or asportation (Lippman, 2010). The mens rea of kidnapping is thought to be intent to move or to confine the victim without his or her consent. The essence of kidnapping is the actus reus of the forcible movement of a person from one place to another. The central issue is the extent of the movement required. The traditional rule in American law is that any movement, no matter how limited, is sufficient. Kidnapping is a crime against a person because it is the unlawful and nonconsensual abduction of an individual. An