Blog

Philadelphia Home Invasion Highlights Nuance in Kidnapping Laws

Posted by Joseph D. Lento | Feb 21, 2019 | 0 Comments

A strange home robbery in the Rhawnhurst neighborhood of Philadelphia offers a valuable and real-life example of the complexities surrounding the law of kidnapping. Criminal defense lawyer Joseph D. Lento explains.

Home Invasion Ends With Occupants Tied Up

According to the initial reports in the media, a home invasion took place near the Pelbano Recreation Center during the overnight hours of February 11, 2019. Police say that several men entered a home there by pushing through a window air conditioning unit. Once inside, they tied up the three occupants, who had been sleeping at the time, assaulted them, and tied their hands behind their backs using rope and duct tape.

Police say the intruders left after taking around $400 in cash and a cell phone.

The Vague Law of Kidnapping

A lot happened in this scene. But was there a kidnapping?

The law is less than clear.

18 Pa.C.S. §2901 is the statute that defines kidnapping for the state of Pennsylvania. The law provides two ways for a kidnapping to occur:

  1. Moving someone else a substantial distance under the circumstances from where they were found, or
  2. Confining someone else for a substantial period in a place of isolation

Additionally, the action has to be done with an intent to either hold that person for ransom or as a shield, to facilitate a felony or an escape, to hurt or terrorize that person or someone else, or to interfere with police.

The only thing that is clear from the statute is that the Hollywood version of a kidnapping – where assailants blindfold and gag someone, throw them in the trunk of a car, and speed across state lines – is not the only way for it to happen. Instead, kidnapping can even occur when the victim was not moved, at all; they just had to be confined in isolation for long enough.

However, just because the kidnapping law is more expansive than a classic movie kidnapping scene does not mean that it is all encompassing. The Pennsylvania Supreme Court has made some rather surprising limitations to its breadth. In the case Commonwealth v. Hook, the court decided that there could not be a kidnapping by confinement in an apartment “frequented both by relatives and by business contacts,” located above a business that was then open to the public, and where a delivery boy was expected in a matter of minutes. Because the confinement did not make “discovery or rescue unlikely,” there could not have been a kidnapping because it was not done “in a place of isolation” sufficient to satisfy the statute.

Joseph D. Lento Defends People Accused of Crimes in Philadelphia

Joseph D. Lento is a criminal defense attorney who represents and defends people who have been accused of a crime in and near the city of Philadelphia. This includes those who have been charged with kidnapping or other violent crime. The repercussions and penalties of a conviction are serious, making the help and legal guidance of a defense lawyer like Joseph D. Lento even more essential. Contact his law office online or call him at (215) 535-5353.

About the Author

Joseph D. Lento

"I pride myself on having heart and driving hard to get results!" Joseph D. Lento has more than a decade of experience fighting for the futures of his clients in criminal courtrooms in Philadelphia, the Pennsylvania counties, as well as New Jersey. He does not settle for the easiest outcome, and instead prioritizes his clients' needs and well-being.

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Contact Us Today!

Footer 2

Attorney Joseph D. Lento has more than a decade of experience successfully resolving clients' criminal charges in Philadelphia and the Pennsylvania counties. If you are having any uncertainties about what the future may hold for you or a loved one, contact the Lento Law Firm today! Criminal defense attorney Joseph D. Lento will go above and beyond the needs of any client, and will fight until the final bell rings.

This website was created only for general information purposes. It is not intended to be construed as legal advice for any situation. Only a direct consultation with a licensed Pennsylvania, New Jersey, and New York attorney can provide you with formal legal counsel based on the unique details surrounding your situation. The pages on this website may contain links and contact information for third party organizations – the Lento Law Firm does not necessarily endorse these organizations nor the materials contained on their website. In Pennsylvania, Attorney Joseph D. Lento represents clients throughout Pennsylvania's 67 counties, including, but not limited to Philadelphia, Bucks, Chester, Delaware, Montgomery, Berks, Lancaster, Lehigh, and Northampton County. In New Jersey, attorney Joseph D. Lento represents clients throughout New Jersey's 21 counties: Atlantic, Bergen, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Salem, Somerset, Sussex, Union, and Warren County, In New York, Attorney Joseph D. Lento represents clients throughout New York's 62 counties. Outside of Pennsylvania, New Jersey, and New York, unless attorney Joseph D. Lento is admitted pro hac vice if needed, his assistance may not constitute legal advice or the practice of law. The decision to hire an attorney in Philadelphia, the Pennsylvania counties, New Jersey, New York, or nationwide should not be made solely on the strength of an advertisement. We invite you to contact the Lento Law Firm directly to inquire about our specific qualifications and experience. Communicating with the Lento Law Firm by email, phone, or fax does not create an attorney-client relationship. The Lento Law Firm will serve as your official legal counsel upon a formal agreement from both parties. Any information sent to the Lento Law Firm before an attorney-client relationship is made is done on a non-confidential basis.

Menu