Skip to content
— CH. 1 · INTRODUCTION —

Kidnapping

13 min listen · Ch. 1 of 7
7 sections
  • Kidnapping is one of the few crimes defined less by what is done to a body than by where that body is moved. The law draws a sharp line. Move a person against their will to a different location, and the act becomes kidnapping. Hold them where they stand, and it is only false imprisonment. That single element, the intentional movement of a victim, separates one crime from another in many jurisdictions. The methods range widely. A captor may use force or fear, or may lure a victim into confinement through fraud or deception. Some abductions end with a ransom demand. Others involve bodily injury, which in certain places elevates the offense to aggravated kidnapping. Why would armed groups in Colombia treat abduction as a form of taxation? How can a kidnapping involve no real victim at all? And why did a city in Arizona once claim to be the kidnapping capital of America when the numbers were invented? The answers reveal a crime that bends to the motives of whoever commits it.

  • Mexican gangs are estimated to have made up to 250 million dollars by kidnapping Central American migrants. Ransom is the most common motivation behind the crime, and it is favored by larger organizations such as criminal gangs, terrorist groups, and insurgent movements. The financial incentive drives the choice, with the sums demanded shifting according to the victim and the method used. A 2022 study by political scientist Danielle Gilbert found that armed groups in Colombia use ransom kidnappings to maintain their own local systems of taxation. The groups punish tax evasion through abduction and pressure inhabitants not to shirk their payments. A 2024 study argued that insurgent groups turn to kidnapping under two conditions: to generate support and restore bargaining power after military losses on the battlefield, and to enforce loyalty and display strength when facing violent competition from other non-state actors.

    Express kidnapping demands a small ransom, an amount a company or family can easily pay. This method appears mainly in countries of Latin America. Sometimes the victim is taken directly to an ATM and forced to hand over money on the spot. Tiger kidnapping works differently. A captor seizes a person and forces them to commit a crime such as robbery or murder, holding a hostage until the demands are met. The name comes from the long observation that precedes the act, the way a tiger stalks its prey before striking. Both the Real Irish Republican Army and the Continuity Irish Republican Army have used this approach.

    Virtual kidnapping involves no victim of any kind. The scam relies on phone calls to large numbers of people, convincing each that the caller is holding a loved one, often a child, in order to extract a quick ransom. These calls once targeted Spanish-speaking communities in large cities such as Los Angeles and Houston. Around 2015, they began reaching English speakers as well. About 80 victims were identified as having fallen for the scheme, with losses approaching 100,000 dollars. Most perpetrators trace back to Mexico, though one case unfolded in Houston, Texas. Yanette Rodriguez Acosta was found guilty of pressing victims for large sums, which she collected at a set drop-off point. She was sentenced to seven years in prison, followed by three years of supervised release.

  • In southern Sudan, kidnapping remains a common means of obtaining slaves and extracting money through ransom, a practice with deep historical roots. In the 19th century, the form known as shanghaiing, also called pressganging, supplied merchant ships with sailors. The law regarded these men as unfree labour. Some abductions carry no financial motive at all. Other reasons behind the crime include sexual assault and situations of domestic violence. The 2003 Domestic Violence Report in Colorado showed that in most domestic cases the victims, most typically white females, were taken from their residences by a present or former spouse or significant other. They were often taken by force rather than at weapon-point, and were usually freed without injury.

    Bride kidnapping carries a looser definition. The term is applied to any bride abducted against the will of her parents, even when she is willing to marry the so-called abductor. It remains traditional among certain nomadic peoples of Central Asia. In Kyrgyzstan it has seen a resurgence since the fall of the Soviet Union and the erosion of women's rights that followed. Families and friends of a cult member have sometimes used kidnapping to pull that person out and begin a deprogramming process, hoping to shift their allegiance away from the group.

    The New York divorce coercion gang shows how blurred a motive can become. During the 1990s and afterward, the gang carried out a string of kidnappings. They seized Jewish husbands from homes in New York and New Jersey and tortured them to force the granting of gittin, the religious divorces sought by the men's wives. The gang became notorious for crimes of this kind. They were apprehended on the 9th of October 2013, in connection with a foiled kidnapping plot.

  • Kidnapping on the high seas, tied to piracy, has been on the rise. In the first nine months of 2009, reports counted 661 crew members taken hostage and 12 kidnapped. The IMB Piracy Reporting Centre recorded 141 crew members taken hostage and 83 kidnapped in 2018. These figures separate two outcomes that sound alike. Crew taken hostage are held aboard or near the vessel, while those kidnapped are removed from it. The distinction matters to the bodies tracking the crime at sea, and it echoes the same defining element that governs kidnapping on land: the movement of a person away from where they were.

  • Lord Brandon laid out the structure of kidnapping under English common law in the 1984 case R v D. He described the offense as an attack on the personal liberty of an individual, built from four ingredients: the taking or carrying away of one person by another, by force or fraud, without that person's consent, and without lawful excuse. For children, it is the absence of the child's own consent that is material, regardless of age. A very small child lacks the understanding to consent, so the absence of consent follows from the child's age. Whether an older child has enough understanding is a question of fact for the jury. Lord Brandon said he would not expect a jury to find at all frequently that a child under fourteen had sufficient understanding and intelligence to give consent. This threshold became known as Gillick competence.

    In England and Wales, no prosecution may proceed without the consent of the Director of Public Prosecutions when the offense was committed against a child under sixteen by a person connected with the child, under section 1 of the Child Abduction Act 1984. Kidnapping there is an indictable-only offense, punishable by imprisonment or fine at the court's discretion, with no fixed limit on either provided the sentence is not inordinate. A parent should only be prosecuted for kidnapping their own child in exceptional cases, where the conduct is so bad that an ordinary right-thinking person would at once regard it as criminal.

    Penalties vary sharply across borders. In Australia, kidnapping is a serious indictable offense punishable by up to 25 years' imprisonment. In Canada, a kidnapping that does not result in a homicide is a hybrid offense carrying a maximum of life imprisonment, or 18 months if tried summarily. A murder resulting from kidnapping is classified as first-degree, with a mandatory life sentence. Mexico's General Law to Prevent and Punish Crimes of Kidnapping sets 20 to 40 years for holding a hostage, rising to 25 to 45 years where there is violence, and to 25 to 50 years when committed by members of public safety. If the kidnapping ends in homicide, the sentence runs from 40 to 70 years. In Pakistan, Penal Code 363 sets imprisonment of up to seven years, while kidnapping with intent of murder, hurt, slavery, or lust can bring life imprisonment with rigorous imprisonment extending to ten years. In the Netherlands, Article 282 treats kidnapping as a form of hostaging, with maximum imprisonment of eight years, rising to nine for serious injuries and twelve where the victim has been killed.

  • The highly publicized 1932 Lindbergh kidnapping pushed Congress to pass the Federal Kidnapping Act, which authorized the FBI to investigate the crime as the Bureau was expanding in size and authority. Because a victim might be taken across state lines, the act brought kidnapping within the reach of federal criminal law. Most states recognize different types and punish according to the location, duration, method, manner, and purpose of the offense. Several factors deter the crime in the United States. The logistics of exchanging money for a victim without being caught or surveilled are extreme. Punishment is harsh, with convicted kidnappers facing lengthy prison terms and possible federal charges if a victim crosses state lines. Cooperation between law enforcement agencies is strong, aided by tools such as the Amber alert system.

    In 2009, Phoenix, Arizona reported over 300 cases of kidnapping, earning a reputation as America's kidnapping capital according to the Los Angeles Times. The Times tied hundreds of these ransom cases to Mexican drug and human trafficking, used as a way to settle unpaid debts. Those figures would have given the city the highest kidnapping rate of any in the country, second in the world only to Mexico City. An investigation and audit by the U.S. Department of Justice Inspector General found the statistics to be falsified. Only 59 federally reportable kidnappings actually occurred in 2008, against the more than 300 claimed on grant applications. The false data was attributed to misclassification by local police, a lack of unified standards, a desire for federal grants, or the Mexican drug war.

    The 1976 Chowchilla bus kidnapping stands as a notorious failed attempt at ransom. The captors abducted 26 children with the aim of collecting a 5 million dollar ransom. The children and the driver escaped from an underground van without the help of law enforcement. According to the Department of Justice, kidnapping makes up 2 percent of all reported violent crimes against juveniles.

  • In 2021, the United Nations Office on Drugs and Crime reported the United States as the country with the most kidnappings, totaling 56,652. That marked a steep climb from 2010, when the country ranked sixth in the world by absolute numbers for ransom kidnapping, behind Colombia, Italy, Lebanon, Peru, and the Philippines. Rankings shift constantly. In 2018, the United Nations found Pakistan and England with the highest number of kidnappings, while New Zealand held the highest rate among the 70 countries with available data. As of 2007, the highest-rate title belonged to Iraq, with possibly 1,500 foreigners kidnapped. In 2004 it was Mexico, and in 2001 it was Colombia. Around the year 2000, world estimates ranged from 12,500 to 25,500 cases per year, with 3,600 in Colombia and 3,000 in Mexico. By 2016, Colombia's count had fallen to 205 and continued to decline.

    Mexican figures are hard to confirm because of fears of police involvement in the crime. Pax Christi, a Catholic peace movement, observed that kidnapping flourishes particularly in fragile states and conflict countries, where politically motivated militias, organized crime, and the drugs mafia fill the vacuum left by government. Since 2019, the risk has risen worldwide as a result of the COVID-19 pandemic, most visibly in ransom cases. Socioeconomic disparities, insufficient resources, and flawed judicial systems all contributed. The economic strain on families pressured kidnappers to raise both the number of abductions and the ransom demands. After 2022, the return of travel and tourism tracked alongside a rise in global rates from 2019 through 2021 to 2023.

    The highest recorded ransom demand in 2021 reached 77.3 million dollars, up from 28.7 million dollars in 2019. Between those years the average global ransom demand rose 43 percent, while the median rose 6 percent. In Sub-Saharan Africa, regions such as Congo, Nigeria, and South Africa are likely to keep higher levels of kidnapping, driven by religious extremist groups, recent genocides, and civil wars. There is no hard evidence of which country had the most kidnappings in 2021, but the American region, which includes Mexico, holds the position as the area with the second-highest rates. The per-capita tables compiled by the United Nations Office on Drugs and Crime show figures climbing past 200 reported kidnappings per 100,000 people in the highest-ranked entry for 2023, a reminder of how far the burden of this crime is from evenly shared.

Continue Browsing

Common questions

What is the legal definition of kidnapping?

Kidnapping is the illegal relocation and confinement of a person against their will, accomplished by force, fear, fraud, or deception. It is distinguished from false imprisonment by the intentional movement of the victim to a different location.

What are the main motives for kidnapping?

Ransom is the most common motive, used by criminal gangs, terrorist groups, and insurgent movements for financial gain. Other motives include sexual assault, domestic violence, bride kidnapping, slavery, removing a person from a cult, and coercion such as forcing religious divorces.

What is virtual kidnapping and how does the scam work?

Virtual kidnapping is a scam that involves no actual victim. Perpetrators call many people and convince each that the caller is holding a loved one, often a child, to extract a quick ransom. About 80 victims were identified with losses approaching 100,000 dollars, and most perpetrators trace back to Mexico.

Which country had the most kidnappings according to the United Nations?

In 2021, the United Nations Office on Drugs and Crime reported the United States as the country with the most kidnappings, totaling 56,652. In 2018 the UN found Pakistan and England had the highest numbers, while New Zealand had the highest rate among the 70 countries with available data.

How is kidnapping punished in different countries?

Penalties vary widely. Australia allows up to 25 years' imprisonment, Canada allows up to life imprisonment, and Mexico sets 20 to 40 years for holding a hostage, rising to 40 to 70 years if homicide results. The Netherlands allows up to eight years, rising to twelve if the victim is killed, and Pakistan allows up to seven years, or life with rigorous imprisonment for aggravated cases.

Why did Phoenix Arizona claim to be America's kidnapping capital?

In 2009, Phoenix reported over 300 kidnapping cases, with the Los Angeles Times tying many to Mexican drug and human trafficking. A U.S. Department of Justice Inspector General audit found the statistics falsified, since only 59 federally reportable kidnappings actually occurred in 2008.

All sources

54 references cited across the entry

  1. 2abductionLegal Information Institute — Cornell University
  2. 7JournalThe Logic of Kidnapping in Civil War: Evidence from ColombiaDanielle Gilbert — November 2022
  3. 10Evil Twins: The Crime-Terror NexusPerri, Frank S. — 2009
  4. 11NewsExpress kidnappingsGarcia Jr et al. — Thepanamanews.com
  5. 16NewsUnprecedented increase in Somali pirate activityCommercial Crime Services — 21 October 2009
  6. 17IMB piracy report 2018: attacks multiply in the Gulf of GuineaCommercial Crime Services — 16 January 2019
  7. 33JournalKidnapping in Florida: Don't Move or You've Done ItM.J. King — 1983
  8. 34NewsPhoenix, kidnap-for-ransom capitalSam Quinones — 12 February 2009
  9. 38Kidnapping Capital of the U.S.A.Brian Ross — 11 February 2009
  10. 39JournalThe Kidnapping BusinessRachel Briggs — Nov 2001
  11. 40Kidnapping is a booming businessIKV Pax Christi — July 2008
  12. 44NewsBusiness HorizonsFindArticles.com — 14 May 2011
  13. 48Facts about KidnappingFree Legal Advice
  14. 51NewsMexican police linked to rising kidnappingsMarla Dickerson et al. — 5 August 2008
  15. 52Kidnap and ransom risk on the riseTony Dowding — 20 February 2023
  16. 53Kidnap for ransom in 202214 February 2024
  17. 54Chowchilla kidnap, Crime Library websiteCrimelibrary.com — 15 July 1976