The Crime of Kidnapping in Georgia
StatuteAbducts or steals away any person without lawful authority or warrant and holds such person against his will. O.C.G.A. 16-5-40(a).
AsportationGarza v. State, S07G1628 (2008) - The court overruled cases holding that asportation could be established by a slight movement. This expansive construction distorted the purpose of the statute and raised serious constitutional issues. The court adopted a test assessing four factors in determining whether a movement constituted asportation: (1) its duration; (2) whether it occurred during the commission of a separate offense; (3) whether it was an inherent part of that separate offense; and (4) whether the movement itself presented a significant danger to the victim independent of the danger posed by the separate offense.
Caselaw"Bodily injury" is accomplished by inflicting any physical injury upon the victim's body, however slight. Phillips v. State, 284 Ga. App. 683 (2007).
An abduction or taking by inducement, persuasion, or fraud satisfies asportation. Woodson v. State, 273 Ga. 557 (2001). The fact that a victim voluntarily goes with the defendant does not foreclose a showing of asportation. Moore v. State, 291 Ga. App. 270 (2008).
PenaltyVictim 14 yrs. old or older, then mandatory 10Y up to 20Y. O.C.G.A. 16-5-40(b)(1); (c).
Victim younger than 14, then life imprisonment or split sentence (mandatory minimum of 25Y and probation for life). Id. at (b)(2); (c).
Ransom or received bodily injury, then life imprisonment or death. Id. at (b)(3); (4).