Chapter 4 Kidnapping

• Library: SC Crimes: Elements and Defenses (SCBar) (2021 Ed.)

Chapter 4 Kidnapping

A. S.C. Code Ann. § 16-3-910

Under the statute, it is unlawful to "seize, confine, inveigle, decoy, kidnap, abduct or carry away any other person by any means whatsoever without authority of law, except when a minor is seized or taken by his parent."

B. Elements

Kidnapping is a continuous offense that "commences when one is wrongfully deprived of freedom and continues until freedom is restored." State v. Tucker, 512 S.E.2d 99, 105 (S.C. 1999) (citation omitted). The crime is complete, however, once the victim is unlawfully deprived of his or her freedom. State v. Dildine, 410 S.E.2d 597, 598 (S.C. Ct. App. 1991).

For example, in State v. Dildine, defendant argued that he had only committed attempted kidnapping. On appeal, the court affirmed his kidnapping conviction, noting that the evidence led to the only reasonable inference, which was that the defendant completed the offense of kidnapping: defendant grabbed the victim and at one point had her in a headlock; he pulled the victim towards the woods; and, the victim testified that she struggled with the defendant - kicking, biting, and hitting him - but there was "no way" she could get away from him. Id. at 598-99.

Although not expressly stated in the statute, the court has found that the mens rea of "knowledge" is required under the statute. See State v. Jefferies, 446 S.E.2d 427, 430-31 (S.C. 1994). A person acts "knowingly" when he acts with awareness "that that result is practically certain to follow from his conduct, whatever his desire may be as to that result." Id. at 431 n. 8 (quoting...