Abduction in Virginia for immoral purposes is considered aggravated abduction and significantly increases the punishments for an abduction conviction. An abduction with the intent to defile charge is a criminal Class 2 felony offense in Virginia punishable under Va. Code Ann. § 18.2-48.
Abduction with the intent to defile is based on the ground that an individual is taken with the intent to have some sort of sexual contact with the individual without their consent or taking a child under the age of 16 and force them into prostitution. Abduction with the intent to defile is a very serious felony in Virginia. The terms “defile” and “sexually molest” are exchangeable within the meaning of § 18.2-48. Sexual molestation, while including sexual intercourse, also holds many acts which are distinct from sexual intercourse.
Abduction, of any person with the intent to extort money or financial benefit, of any person with intent to defile such person, of any child under 16 years of age for the purpose of concubinage or prostitution, of any person for the purpose of prostitution, or of any minor for the purpose of manufacturing child pornography shall be punishable as a Class 2 felony.
If the sentence imposed for a violation of any person with the intent to defile such person or of any child under 16 years of age for the purpose of concubinage or prostitution includes a term of imprisonment 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.
Any person who, by force, intimidation or deception, and without legal justification or excuse, seizes, takes, transports, detains, or secretes another person with the intent to deprive such other person of his or her personal liberty or to withhold or conceal him or her from any person, authority or institution lawfully entitled to his or her charge, shall be deemed guilty of abduction.
Abduction with the intent to extort money or for immoral purpose add some additional elements to the kidnapping statute, by requiring a specific mental state to the above definition, specifically as to the intent to defile or to place a child under 16 into prostitution.
Kidnapping 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 kidnapping in Virginia. To be convicted of kidnapping with the intent to molest, 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.
If you need the help of an kidnapping/abduction lawyer in Virginia in Fairfax, Prince William (Manassas), Fauquier (Warrenton), Loudoun (Leesburg), Caroline, Stafford, Spotsylvania (Fredericksburg), Chesterfield, Henrico, Arlington, Richmond, Alexandria, Warren (Front Royal), Clarke, Shenandoah, King George, call our law firm immediately for help and speak to a lawyer about your options.
The SRIS Law Group can help you best possible outcome based on the facts of your case. If you wish to consult an SRIS Law Group, P.C. kidnapping/abduction attorney in Virginia, call us at 855-696-3348. B