Virginia criminal charge
Abduction and kidnapping defined in Virginia
Abduction and kidnapping defined is a criminal offense under Virginia law, defined by Va. Code Ann. § 18.2-47. Its classification is not fixed: Virginia assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Va. Code Ann. § 18.2-47.
What is the penalty for abduction and kidnapping defined in Virginia?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | at least 20 years (Abduction of a minor — Abduction of a minor, except as provided in subsection D, is punished as a Class 2 felony.; imprisonment for life or for any term not less than 20 years) | mandatory | Va. Code Ann. § 18.2-10 |
| Fine | up to $100,000 (Abduction of a minor — Abduction of a minor, except as provided in subsection D, is punished as a Class 2 felony.; only together with imprisonment (§ 18.2-10(g))) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | 1 years to 10 years (Abduction — general/no other punishment prescribed — Abduction for which no punishment is otherwise prescribed is punished as a Class 5 felony.; or, at the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both (§ 18.2-10(e))) | discretionary | Va. Code Ann. § 18.2-10 |
| Fine | up to $2,500 (Abduction — general/no other punishment prescribed — Abduction for which no punishment is otherwise prescribed is punished as a Class 5 felony.; with the jail-confinement alternative under § 18.2-10(e)) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | up to 12 months (Parental/family abduction in violation of custody or visitation order — A parent or family/household member with ordered custody or visitation who abducts the person in violation of a pending custody/visitation order commits a Class 1 misdemeanor, in addition to contempt liability.) | discretionary | Va. Code Ann. § 18.2-11 |
| Fine | up to $2,500 (Parental/family abduction in violation of custody or visitation order — A parent or family/household member with ordered custody or visitation who abducts the person in violation of a pending custody/visitation order commits a Class 1 misdemeanor, in addition to contempt liability.; either or both with confinement (§ 18.2-11(a))) | discretionary | Va. Code Ann. § 18.2-11 |
| Jail / prison | 1 years to 5 years (Parental/family abduction with removal from the Commonwealth — If the same parental/family abduction in violation of a custody or visitation order also involves removing the abducted person from the Commonwealth, the offense is a Class 6 felony, in addition to contempt liability.; or, at the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both (§ 18.2-10(f))) | discretionary | Va. Code Ann. § 18.2-10 |
| Fine | up to $2,500 (Parental/family abduction with removal from the Commonwealth — If the same parental/family abduction in violation of a custody or visitation order also involves removing the abducted person from the Commonwealth, the offense is a Class 6 felony, in addition to contempt liability.; with the jail-confinement alternative under § 18.2-10(f)) | discretionary | Va. Code Ann. § 18.2-10 |
Applies to current.
How is abduction and kidnapping defined classified in Virginia?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Abduction of a minor | Class 2 Felony | Abduction of a minor, except as provided in subsection D, is punished as a Class 2 felony. | Va. Code Ann. § 18.2-47C |
| Abduction — general/no other punishment prescribed | Class 5 Felony | Abduction for which no punishment is otherwise prescribed is punished as a Class 5 felony. | Va. Code Ann. § 18.2-47C |
| Parental/family abduction in violation of custody or visitation order | Class 1 Misdemeanor | A parent or family/household member with ordered custody or visitation who abducts the person in violation of a pending custody/visitation order commits a Class 1 misdemeanor, in addition to contempt liability. | Va. Code Ann. § 18.2-47D |
| Parental/family abduction with removal from the Commonwealth | Class 6 Felony | If the same parental/family abduction in violation of a custody or visitation order also involves removing the abducted person from the Commonwealth, the offense is a Class 6 felony, in addition to contempt liability. | Va. Code Ann. § 18.2-47D |
Common questions about abduction and kidnapping defined in Virginia
Is abduction and kidnapping defined a felony or a misdemeanor in Virginia?
It depends on the circumstances: abduction and kidnapping defined ranges from a class 1 misdemeanor to a class 2 felony in Virginia under Va. Code Ann. § 18.2-47.
Abduction of a minor: class 2 felony (Va. Code Ann. § 18.2-47C) · Abduction — general/no other punishment prescribed: class 5 felony (Va. Code Ann. § 18.2-47C) · Parental/family abduction in violation of custody or visitation order: class 1 misdemeanor (Va. Code Ann. § 18.2-47D) · Parental/family abduction with removal from the Commonwealth: class 6 felony (Va. Code Ann. § 18.2-47D)
What are the penalties for abduction and kidnapping defined in Virginia?
Which Virginia statute covers abduction and kidnapping defined?
Abduction and kidnapping defined is governed by Va. Code Ann. § 18.2-47 (Abduction and kidnapping defined; forced labor; punishment).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.