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6. Offences
against a Men and Women
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Article 54-Offences
involving kidnapping and unlawful restraint
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| 54.1 |
Unlawful restraint |
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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. |
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| 54.2 |
Abduction |
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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. |
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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. |
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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; |
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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; |
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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; |
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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; |
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| 54.3 |
Hostage taking |
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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.
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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. |
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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; |
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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); |
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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; |
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| 54.4 |
Kidnapping |
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Kidnapping is the capture or detention of men and women against their will, without lawful excuse, for ransom. |
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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. |
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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; |
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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); |
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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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