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6. Offences against a Men and Women
 
  Article 54-Offences involving kidnapping and unlawful restraint  
54.1 Unlawful restraint  
  Unlawful restraint is the capture or detention of men and women against their will, without lawful excuse. Unlawful restraint is further defined into only three possible classifications- abduction, hostage taking, and kidnapping.  
54.2 Abduction  
  Abduction is the capture or detention of men and women against their will, without lawful excuse for an intention other than hostage taking and/or ransom.  
 
 Primary Fact(s)
 1. That the victim was taken and held against their will, or the will of their legal guardian; and
 2. That the actions of the accused contributed to the abduction.
 
 
 Penalty Conditions (Level-3 Crime)
Type Condition(s)
1-3
a) if committed by a parent against their child having lost visitation rights in which the child is returned unharmed;
b) if committed by a parent against their child in regards to removing that child from a religious cult, or organization of questionable morality;
4-6
a) if committed by a parent against their child having lost custody rights in which the child is returned unharmed;
 
 
 Penalty Conditions (Level-4 Crime)
Type Condition(s)
1-3
a) if committed by a man or woman against a child under 8 years for the purpose of raising that child as their own;
4-6
a) committed by a group of men and women under a preliminary conspiracy, or an organized group;
b) committed by a parent against their child in which the child is returned injured;
c) if committed with sexual offences in which the victim is less than 14 years is returned unharmed;
 
 
 Penalty Conditions (Level-5 Crime)
Type Condition(s)
1-3
a) if committed by reason of national, racial, or religious hatred, or enmity or blood feud;
4-6
a) if committed out of mercenary motives by hire,
b) if attended by robbery with violence, racketeering, or banditry;
c) if committed by a parent against their child in which the child is murdered;
d) if committed with sexual offences in which the victim is less than 8 years is returned unharmed;
 
 
 Penalty Conditions (Level-6 Crime)
Type Condition(s)
1-3
a) if committed for the purpose of obtaining the organs or tissues of the victim;
b) if committed with sexual offences in which the victim is less than 14 years is murdered;
c) if committed for the purpose of forcing the victim to perform sexual acts;
4-6
a) if man or woman kidnapped is murdered with especial cruelty;
b) if involving murder of two or more men and women;
c) if man or woman kidnapped is murdered the purpose of concealing another crime;
d) if murder attended by rape or violent sexual actions;
e) if man or woman kidnapped is in law enforcement and murdered in connection to their line of duty;
f) if committed with sexual offences in which the victim is less than 8 years is murdered;
g) if committed for the purpose of receiving payment for selling the victim to others involved in the sex trade;
 
54.3 Hostage taking  
  Hostage taking is the capture or detention of men and women against their will, without lawful excuse, in order to compel another party to act, or refrain from acting, in a particular way, using threat and/or ultimatum of harm to one or more hostages.
 
 
 Primary Fact(s)
 1. That the victim was held against their will; and
 2. That the actions of the accused contributed to the hostage taking; and
 3. That a condition/ultimate of release of the victim was given on threat or actual harm of victim.
 
 
 Penalty Conditions (Level-4 Crime)
Type Condition(s)
1-3
a) in which the hostages were released with no grievous harm;
4-6
a) committed by a group of men and women under a preliminary conspiracy, or an organized group for the purpose of gain;
 
 
 Penalty Conditions (Level-5 Crime)
Type Condition(s)
1-3
a) if committed by reason of national, racial, or religious hatred, or enmity or blood feud;
4-6
a) if committed out of mercenary motives by hire,
b) if attended by robbery with violence, racketeering, or banditry;
c) if attended by grievous harm to the hostages (excluding sexual offences);
 
 
 Penalty Conditions (Level-6 Crime)
Type Condition(s)
1-3
a) the murder of a man or woman or men and women that have been kidnapped;
b) if attended by sexual offences to the hostages;
c) if hostages refused to be released upon request by law enforcement are under the age of 14 years;
4-6
a) if man or woman kidnapped is murdered with especial cruelty;
b) if involving murder of two or more men and women;
c) if man or woman kidnapped is murdered the purpose of concealing another crime;
d) if murder attended by rape or violent sexual actions;
e) if man or woman kidnapped is in law enforcement and murdered in connection to their line of duty;
 
54.4 Kidnapping  
  Kidnapping is the capture or detention of men and women against their will, without lawful excuse, for ransom.  
 
 Primary Fact(s)
 1. That the victim was taken and held against their will; and
 2. That the actions of the accused contributed to the kidnapping; and
 3. That a ransom was demanded in exchange for the return/release of the victim.
 
 
 Penalty Conditions (Level-4 Crime)
Type Condition(s)
1-3
a) in which the kidnapped man or woman was released with no grievous harm and without the ransom being paid;
4-6
a) committed by a group of men and women under a preliminary conspiracy, or an organized group for the purpose of gain
in which the kidnapped man or woman was released with no grievous harm and without the ransom being paid;
 
 
 Penalty Conditions (Level-5 Crime)
Type Condition(s)
1-3
a) in which the kidnapped man or woman was released with some injury and without the ransom being paid;
4-6
a) if committed by men and women known to the victim, or the relatives of the victim;
b) if attended by grievous harm to the victim (excluding sexual offences);
 
 
 Penalty Conditions (Level-6 Crime)
Type Condition(s)
1-3
a) the murder of a man or woman or men and women that have been kidnapped;
b) if attended by sexual offences to the kidnapped man or woman;
4-6
a) if man or woman kidnapped is murdered with especial cruelty;
b) if involving murder of two or more men and women;
c) if man or woman kidnapped is murdered the purpose of concealing another crime;
d) if murder attended by rape or violent sexual actions;
e) if man or woman kidnapped is in law enforcement and murdered in connection to their line of duty;
 
     
 
 

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