“Kidnapping” and “Forcible Confinement” are severe offences outlined in Section 279 of the Criminal Code. These crimes represent significant breaches of personal freedom and safety, and are met with stringent legal consequences.
Kidnapping and Forcible Confinement: Criminal Code Definition
Kidnapping (s. 279(1))
Every person commits an offence who kidnaps a person with intent
(a) to cause the person to be confined or imprisoned against the person’s will;
(b) to cause the person to be unlawfully sent or transported out of Canada against the person’s will; or
(c) to hold the person for ransom or to service against the person’s will.
Forcible Confinement (s. 279(2))
Every one who, without lawful authority, confines, imprisons or forcibly seizes another person is guilty of
(a) an indictable offence and liable to imprisonment for a term not exceeding ten years; or
(b) an offence punishable on summary conviction.
Facing Charges? It is crucial to seek legal assistance immediately if you are facing charges of kidnapping or forcible confinement. Call us at (855) 585-1777 for a free consultation with an experienced criminal lawyer.
Penalties and Legal Consequences Kidnapping and Forcible Confinement
The penalties for these offences reflect their seriousness. The Crown's choice to proceed with either an indictment or a summary conviction significantly affects the potential punishment.
- Indictable Offence: Minimum of 4, 5, or 7 years imprisonment, depending on whether it’s a first or a repeat offence or whether a firearm is involved, and a maximum of life imprisonment for kidnapping.
- Summary Conviction: Up to 18 months imprisonment for forcible confinement.
Aggravating Factors
- Use of firearms or other weapons;
- Victim's age and vulnerability;
- Relationship to the victim;
- Level of violence, threats, or coercion;
- Length and conditions of confinement; and
- Effect on the victim.
Summary and Indictable Dispositions Available for Kidnapping and Forcible Confinement
Summary Dispositions
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Indictable Dispositions
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Have you been charged with kidnapping or forcible confinement? Call (855) 585-1777 for a free consultation with an experienced criminal lawyer. Get the support and expertise you need to protect your rights and build a strong defence.
Additional Consequences for Kidnapping and Forcible Confinement
In addition to the main legal penalties, those convicted of kidnapping or forcible confinement face further consequences.
- National DNA Databank: A conviction may require you to submit your DNA to a national database.
- Weapons Restrictions: Convicted individuals are usually banned from owning or possessing weapons.
- Restricted Access: Courts often restrict the convicted from visiting locations frequented by victims or potential victims.
Potential Defences Against Kidnapping and Forcible Confinement
Several defence strategies are available for those facing charges of kidnapping and forcible confinement.
- Consent: Contesting that the victim consented to the actions.
- Mistaken Belief in Consent: Demonstrating a reasonable belief that the victim consented.
- Challenging Evidence: Questioning the credibility and consistency of the evidence.
- Self-Defence or Defence of Others: Arguing actions were necessary to protect oneself or another from imminent harm.
Don’t Face Your Kidnapping and Forcible Confinement Charge Alone
An experienced criminal defence lawyer is vital when dealing with a kidnapping and forcible confinement charge. They can guide you through the legal maze, safeguard your rights, and devise a robust defence strategy specific to your case.
Get a Free Legal Consultation With a Criminal Lawyer
Do not hesitate to contact us if you have been accused of kidnapping and forcible confinement. Call (855) 585-1777 and a skilled criminal defence lawyer will review your case with you and consider your alternatives.