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  • Offended Party's Liberty".: Discussions

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    CentSering
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    Kidnapping involves transporting a victim from one place to another against their will, while illegal detention only involves restraining someone's movement without transporting them. The essential element of kidnapping is depriving someone of their liberty. For a crime to be considered kidnapping, a private individual must illegally kidnap or detain someone else and either detain them for more than 3 days, pretend to have public authority, inflict serious injury or threaten death, or the victim must be a minor, female, or public officer.

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    Chapter II

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    Kidnapping involves transporting a victim from one place to another against their will, while illegal detention only involves restraining someone's movement without transporting them. The essential element of kidnapping is depriving someone of their liberty. For a crime to be considered kidnapping, a private individual must illegally kidnap or detain someone else and either detain them for more than 3 days, pretend to have public authority, inflict serious injury or threaten death, or the victim must be a minor, female, or public officer.

    Copyright:

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    2 views1 page

    Offended Party's Liberty".: Discussions

    Uploaded by

    CentSering
    Kidnapping involves transporting a victim from one place to another against their will, while illegal detention only involves restraining someone's movement without transporting them. The essential element of kidnapping is depriving someone of their liberty. For a crime to be considered kidnapping, a private individual must illegally kidnap or detain someone else and either detain them for more than 3 days, pretend to have public authority, inflict serious injury or threaten death, or the victim must be a minor, female, or public officer.

    Copyright:

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    CHAPTER II DISCUSSIONS

    In order for us to understand more about kidnapping, let us differentiate it from illegal detention and know what are its elements. The offense of kidnapping connotes transporting the offended party from one place to another while illegal detention focuses on one restrained of his liberty of locomotion without necessarily transporting him from one place to another. The essential element or act which makes the offense of kidnapping is the deprivation of an offended partys liberty.1 In kidnapping there is an offender who is a private individual; that he kidnaps or detains another, or in any other manner deprive the latter of his liberty; the act of detention or kidnapping must be illegal; and that in the commission of the offense, any of these circumstances is present: (a) That the kidnapping or detention last for more than 3 days; (b) That it is committed simulating public authority; (c) That any serious physical injuries are inflicted upon the person kidnapped or detained or threats to kill him are made; or (d) That the person kidnapped or detained is a minor, female, or a public officer.

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