Kidnapping and Incidental Confinement (Part 2)

by | Oct 22, 2020 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County

The New Jersey Supreme Court continued in relevant part: Indeed, this case represents a classic example of kidnapping by confinement. Here, the nature of the confinement not only subjected C.M. “to substantial isolation,” but also “reached a form of terrifying and dangerous aggression not otherwise adequately punished.” See Final Report § 2C:13-1 cmt. 3 at 182 (quoting Model Penal Code § 212.1, cmt. 1 at 15 (1960)).

In our view, the sheer duration of the confinement combined with the crimes committed against her alone meet the “substantial period” requirement — even if the repetitive acts of sexual abuse and the physical assaults were co-extensive with the prolonged confinement. We therefore reject the Appellate Division’s conclusion that a kidnapping did not occur because the “incessant criminal attack throughout C.M.’s hours-long ordeal, and her isolation and vulnerability were coextensive and coterminous with the sexual abuse.” This case meets all of the statutory criteria for first-degree kidnapping: defendant confined C.M. for a substantial period with the purpose to facilitate the commission of sexual crimes and aggravated assault and to terrorize C.M.; he accomplished the confinement by force and threat; and he did not release C.M. unharmed and in a safe place before his apprehension.

The concern expressed in Masino about the potential for prosecutorial overreach in transposing a kidnapping charge over a substantive crime — a “‘bonus’ count in an indictment” — is not present here. The evidence in this case, viewed in the light most favorable to the State, clearly established an ample basis for a reasonable jury to return a verdict of first-degree kidnapping beyond a reasonable doubt. The trial court properly denied defendant’s motion for a judgment of acquittal.

For the reasons expressed, we reverse the judgment of the Appellate Division and reinstate defendant’s first-degree kidnapping conviction. We remand to the Appellate Division to address defendant’s previously raised challenge to his sentence.

One element of kidnapping that is vague and subject to debate is what is meant by “[not] releasing unharmed’ or harming before release. It is unclear if the “harm” contemplated is satisfied by psychological harm or if tangible physical harm is required.

Excellent rating
Based on 288 reviews
Google star 1Google star 2Google star 3Google star 4Google star 5
Google star 1Google star 2Google star 3Google star 4Google star 5
I am very appreciative of all of the time and effort Fred his given to my case. It was a pleasure having him help me. Fred always was there to answer any messages about questions or concerns. If there were any fears i had as as well, Fred is responsive and helped mitigate any anxiety I had regards to your legal matter. In terms of knowledge of the law, he can explain and elaborate everything perfectly in a manner anyone can understand so you aren't caught off guard by anything in your legal situation. Fred as your lawyer allows for transparency which is needed for you as a client because it allows you to properly fathom the situation at hand and allows Fred to help you understand realistic outcomes for your situation. As a client, that is what you want to see from your lawyer so they clearly have your best interests at hand. That is a great attribute Fred has. Lastly, Fred helped me get everything dropped. I would recommend Fred because hes personable, his expertise, his array of legal knowledge, his legal experience and background, and he contains attributes you need in a lawyer to get you the best outcome.
Matthew F
Google star 1Google star 2Google star 3Google star 4Google star 5
I am thankful and fortunate to have had Fred represent me as counsel. His expertise, responsiveness and professionalism are second to none. I was more than satisfied with the outcome of my case and the level of service Fred's practice provided.
John M
Google star 1Google star 2Google star 3Google star 4Google star 5
Even though I don’t drink (alcohol) much I like getting the emails of DUI checkpoints from Fred Sisto so I can avoid the inconvenience. The less contact with law enforcement the better.
Dbaby329
Google star 1Google star 2Google star 3Google star 4Google star 5
Mr. Fred Sisto is really an amazing attorney! Professional, knowledgeable, and effective. He made me feel comfortable in knowing he was working countless hours on my case to get me the best possible outcome. Mr. Sisto was very responsive and kept me updated with all court proceedings/updates. I am thankful to have had him represent me. I will be recommending Mr. Sisto & his firm to anyone in need. Thanks again ! Much Appreciated
Javier B
Google star 1Google star 2Google star 3Google star 4Google star 5
My charges were dismissed and he quickly got an expungement for me. He's worth way more than what I paid for. I will always be grateful. He never missed a single call, text or email from me. He also keeps me informed of all checkpoints
Bre D
Google star 1Google star 2Google star 3Google star 4Google star 5
The most important thing an attorney can do for their client is get results in the courtroom. Fred Sisto did this for me, and did so in such a professional and communicative manner that I would absolutely recommend him to anyone in New Jersey who is dealing with criminal charges. Fred was able get results when other attorneys did not. I definitely recommend speaking with him.
Brian C
Google star 1Google star 2Google star 3Google star 4Google star 5
Great attorney, responded very quickly to our emails and calls. The office staff is attentive and knowledgeable as well. Over all a great experience. Highly recommend him.
Alexandra L
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is the best! He is extremely professional and kept constant contact so I was always in the loop. My charges got dismissed and I couldn't be happier. Would highly recommend!
Ryan T
Google star 1Google star 2Google star 3Google star 4Google star 5
Thank you !
Billy F
Google star 1Google star 2Google star 3Google star 4Google star 5
Very knowledgeable within every aspect of the law. Highly recommend his talent for your criminal defense.
Will S