Am (amproof) wrote in little_details,

Sentencing for inter-state long-term kidnap of adult and 17 yr old?

Hi everyone,

I'm heading towards the final chapters of a novel and it's time to get the bad guy in jail. Thank you in advance for your help.

Setting: California and New York, present day


Crime 1: 24 year old man kidnapped in CA then taken to NY by kidnapper. Lives as a sex slave for 3 years during which he is also brainwashed and develops both amnesia (injuries sustained during the kidnapping also a factor here) and Stockholm Syndrome. He actually stays with the man willingly and is taken from NY to CA and back several times before he is found and rescued in CA where his memory begins to return and he realizes what has happened to him.

Crime 2: 17 year old boy kidnapped by same kidnapper in CA. Kept 1 week, raped and sexually abused. Rescued by police who were looking for the victim in crime 1.

Questions: Where would crime 1 be tried? Would CA have jurisdiction, or would it be federal? What crimes would the man be charged with? I'm assuming kidnapping and rape, perhaps others (the victim was also given to strangers for sex), plus the man drove the victim off the road in order to catch him. No gun was used. Could he be tried in both CA and NY? Would the fact that the victim stayed 'willingly' for much of the time have an impact, even if he now realizes that he had been brainwashed?

For crimes 1 and 2, does the length of time (1 wk vs. 3 yrs) that the victim was held have an impact on the sentence? Is a minor kept for 1 wk going to constitute a longer sentence than an adult held for much longer? Would he be tried for both victims separately? Would sentences be concurrent or consecutive? Estimates for how long he would be sentenced for? If he were to plea bargain, what is the minimum amount of time he could get?

Researched: Lindbergh Law, which talks about levels of sentencing.
"adult kidnap sentencing", learned there isn't a set sentence, so hopefully I've given enough factors to help.

Despite all my ramblings, it's really just the numbers and jurisdiction that I need for the story, but I wanted to give enough details to be useful.

Thank you!

Tags: usa: california, usa: government: law enforcement: fbi, usa: new york (misc)

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