VIRGINIA ABDUCTION/KIDNAPPING & STALKING DEFENSE ATTORNEYS
In Virginia, any person, who, by force, intimidation or deception, and without legal justification or excuse, seizes, takes, transports, detains or secretes the person of another, with the intent to deprive such other person of his personal liberty or to withhold or conceal him from any person, authority or institution lawfully entitled to his charge, shall be deemed guilty of “abduction. Such conduct is illegal. The term “kidnapping” is another term for abduction in the Commonwealth of Virginia. Stalking another is also an illegal act. The Virginia law offices of SRIS, P.C. have a number of excellent Virginia Abduction defense attorneys & Virginia Kidnapping defense lawyers & Virginia Stalking defense attorneys in its offices in Fairfax, Lynchburg, Manassas, Richmond and Virginia Beach, Virginia. For more information or to make an appointment with SRIS, P.C., please call, send an e-mail or complete the on-line form.
4008 Williamsburg Court Fairfax, Virginia 22032 Phone: (703) 278-0405
7400 Beaufont Springs Drive, Suite 300 Richmond, Virginia 23225 Phone: (804) 201-9009
8551 Sudley Road Manassas, Virginia 20110 Phone: (703) 278-0405
VIRGINIA BEACH :
900 Commonwealth Pl, Suite 200 Virginia Beach, Virginia 23464 Phone: (757) 512-5002
102 Oakley Ave. Lynchburg, Virginia 24501 Phone: (434) 509-4004
To learn more about the laws pertaining to abduction & kidnapping defense in Maryland, please click on the state.
The following are some of the different types of abduction / kidnapping or stalking charges one could face in the Commonwealth of Virginia:
Virginia Code § 18.2-47. Abduction and kidnapping defined; punishment
A. Any person, who, by force, intimidation or deception, and without legal justification or excuse, seizes, takes, transports, detains or secretes the person of another, with the intent to deprive such other person of his personal liberty or to withhold or conceal him from any person, authority or institution lawfully entitled to his charge, shall be deemed guilty of “abduction”; but the provisions of this section shall not apply to any law-enforcement officer in the performance of his duty. The terms “abduction” and “kidnapping” shall be synonymous in this Code. Abduction for which no punishment is otherwise prescribed shall be punished as a Class 5 felony. B. If such offense is committed by the parent of the person abducted and punishable as contempt of court in any proceeding then pending, the offense shall be a Class 1 misdemeanor in addition to being punishable as contempt of court. However, such offense, if committed by the parent of the person abducted and punishable as contempt of court in any proceeding then pending and the person abducted is removed from the Commonwealth by the abducting parent, shall be a Class 6 felony in addition to being punishable as contempt of court.
Virginia Code § 18.2-48. Abduction with intent to extort money or for immoral purpose
Abduction (i) with the intent to extort money or pecuniary benefit, (ii) of any person with intent to defile such person, or (iii) of any child under sixteen years of age for the purpose of concubinage or prostitution, shall be a Class 2 felony. If the sentence imposed for a violation of (ii) or (iii) includes a term of confinement less than life imprisonment, the judge shall impose, in addition to any active sentence, a suspended sentence of no less than 40 years. This suspended sentence shall be suspended for the remainder of the defendant’s life subject to revocation by the court.
Abduction with intent to defile is based on the premise that an individual is taken with the intent to obtain some form of monetary benefit or to have some sort of sexual contact (does not have to be rape) or taking a child under the age of 16 and force them into prostitution. In Virginia, Abduction with Intent to Defile is a very serious felony “Abduction” and “kidnapping” are synonymous in Virginia.
Abduction is defined by Virginia Code Section 18.2-47 as follows:
When one by force, intimidation, or deception, seizes, takes, transports, detains, or secretes another with the intent to deprive that person of liberty or withhold or Conceal him from proper custody.
Virginia Code 18.2-48 Abduction with intent to extort money or for immoral purpose add some additional elements to the abduction statute, by requiring a specific mental state to the above definition. Specifically as to the intent to defile (commit rape, carnal knowledge, sodomy, object sexual penetration or sexual molestation) or to place a child under 16 into prostitution.
Abduction in Virginia does not require an actual taking of the person. If the abductor simply deprives the victim of his or her liberty, that is sufficient to meet the definition of abduction in Virginia. To be convicted of Virginia Code 18.2-48 Abduction with intent to defile, the prosecutor must prove the abductor’s mental state meaning that the abductor took the victim for the purpose of defiling the victim via some form of sexual molestation.
An “abduction with the intent to defile” is simply a taking of a victim to commit some form of sexual molestation upon him or her.
Abduction with Intent to Defile is a Class 2 Felony, punishable 20 years to life in prison and/or a fines of up to $100,000.
Virginia Code § 18.2-49. Threatening, attempting or assisting in such abduction
Any person who (1) threatens, or attempts, to abduct any other person with intent to extort money, or pecuniary benefit, or (2) assists or aids in the abduction of, or threatens to abduct, any person with the intent to defile such person, or (3) assists or aids in the abduction of, or threatens to abduct, any female under sixteen years of age for the purpose of concubinage or prostitution, shall be guilty of a Class 5 felony.
Virginia Code § 18.2-49.1. Violation of court order regarding custody and visitation; penalty
A. Any person who knowingly, wrongfully and intentionally withholds a child from either of a child’s parents or other legal guardian in a clear and significant violation of a court order respecting the custody or visitation of such child, provided such child is withheld outside of the Commonwealth, is guilty of a Class 6 felony. B. Any person who knowingly, wrongfully and intentionally engages in conduct that constitutes a clear and significant violation of a court order respecting the custody or visitation of a child is guilty of a Class 3 misdemeanor upon conviction of a first offense. Any person who commits a second violation of this section within 12 months of a first conviction is guilty of a Class 2 misdemeanor, and any person who commits a third violation occurring within 24 months of the first conviction is guilty of a Class 1 misdemeanor.
Virginia Code § 18.2-60.3. Stalking; penalty
A. Any person, except a law-enforcement officer, as defined in § 9.1-101, and acting in the performance of his official duties, and a registered private investigator, as defined in § 9.1-138, who is regulated in accordance with § 9.1-139 and acting in the course of his legitimate business, who on more than one occasion engages in conduct directed at another person with the intent to place, or when he knows or reasonably should know that the conduct places that other person in reasonable fear of death, criminal sexual assault, or bodily injury to that other person or to that other person’s family or household member is guilty of a Class 1 misdemeanor. B. A third or subsequent conviction occurring within five years of a conviction for an offense under this section or for a similar offense under the law of any other jurisdiction shall be a Class 6 felony. C. A person may be convicted under this section irrespective of the jurisdiction or jurisdictions within the Commonwealth wherein the conduct described in subsection A occurred, if the person engaged in that conduct on at least one occasion in the jurisdiction where the person is tried. Evidence of any such conduct that occurred outside the Commonwealth may be admissible, if relevant, in any prosecution under this section provided that the prosecution is based upon conduct occurring within the Commonwealth. D. Upon finding a person guilty under this section, the court shall, in addition to the sentence imposed, issue an order prohibiting contact between the defendant and the victim or the victim’s family or household member. E. The Department of Corrections, sheriff or regional jail director shall give notice prior to the release from a state correctional facility or a local or regional jail of any person incarcerated upon conviction of a violation of this section, to any victim of the offense who, in writing, requests notice, or to any person designated in writing by the victim. The notice shall be given at least fifteen days prior to release of a person sentenced to a term of incarceration of more than thirty days or, if the person was sentenced to a term of incarceration of at least forty-eight hours but no more than thirty days, twenty-four hours prior to release. If the person escapes, notice shall be given as soon as practicable following the escape. The victim shall keep the Department of Corrections, sheriff or regional jail director informed of the current mailing address and telephone number of the person named in the writing submitted to receive notice. All information relating to any person who receives or may receive notice under this subsection shall remain confidential and shall not be made available to the person convicted of violating this section. For purposes of this subsection, “release” includes a release of the offender from a state correctional facility or a local or regional jail (i) upon completion of his term of incarceration or (ii) on probation or parole. No civil liability shall attach to the Department of Corrections nor to any sheriff or regional jail director or their deputies or employees for a failure to comply with the requirements of this subsection. F. For purposes of this section: “Family or household member” has the same meaning as provided in § 16.1-228.
VA Code § 18.2-60.4. Violation of stalking protective orders; penalty
Any person who violates any provision of a protective order issued pursuant to §§ 19.2-152.8, 19.2-152.9 or § 19.2-152.10 is guilty of a Class 1 misdemeanor. Conviction hereunder shall bar a finding of contempt for the same act. Upon conviction, the court shall, in addition to the sentence imposed, enter a protective order pursuant to § 19.2-152.10 for a specified period not exceeding two years from the date of conviction. We have Virginia abduction / kidnapping defense lawyers & stalking defense attorneys and offices located in Fairfax, Lynchburg, Manassas, Richmond and Virginia Beach , VA, Our Virginia abduction / kidnapping attorneys & stalking defense lawyers and staff speak various languages, including English, Tamil, Spanish, French, Arabic, Hindi, Cantonese, Mandarin, and Telugu. For more information or to make an appointment with SRIS, P.C., please call, send an e-mail or complete the on-line form.
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