6.4: Chapter Summary

The crime of kidnapping requires two elements. First, the victim must be confined by the perpetrator. Second, the perpetrator must move the victim. The movement is called asportation. The movement can be slight. As long as it places the victim in greater danger, it meets the qualifications for asportation. The crime of false imprisonment is a lesser included offense of kidnapping. Movement is not required. If the victim is restrained from his or her personal liberty, it meets the requirements for false imprisonment. Child abduction includes anyone under 18 years of age. To abduct a child means, take, entice away, keep, withhold, or conceal the minor.

Key Terms

• Kidnapping
• Asportation
• Specific Intent
• False Imprisonment
• Personal Liberty
• Child Abduction
• Court Order
• Custody Proceeding
• Lawful Custodian
• Right to Custody
• Elizabeth Smart

Review Questions

1. What is meant by the term asportation?
2. Contrast the difference between kidnapping and false imprisonment.
3. Describe the significance of the term “movement no matter how slight.”
4. Provide two examples of unlawful violations of personal liberty of another.
5. What is the difference between lawful custodian and having a right to custody?
6. Summarize the Elizabeth Smart child abduction case and critique how the investigation was handled. You will have to conduct additional internet research to answer this question.

IDEA Framework

Who Is the Most Vulnerable to Human Trafficking?

E was 13 years old when she met a young man named D on Facebook who said he knew her from school. They soon met in person, and D began to take advantage of her vulnerabilities and gained her trust. He took exploitive photos and threatened her with them. At 14 years old, E began to be trafficked to strange men.

As a Native American, E is among the most vulnerable population for human trafficking. In a

National Indigenous Women's Resource Center study of four sites in the United States and Canada, Native Americans represented 40 percent of those trafficked, even though they accounted for only 10 percent of the population in those areas. Indigenous people, including American Indians/Alaska Natives, Native Hawaiians, and Pacific Islanders are at a higher risk of human trafficking than other diverse populations because of racism and the historical mistreatment of these marginalized communities.

In addition to Native Americans, the Office of Victims of Crime identified the most vulnerable populations for human tracking as Lesbian, Bisexual, Gay, Transgender, and Queer (LGBTQ+) individuals; persons with disabilities; undocumented immigrants; runaways and homeless youth; and low-income individuals. Human trafficking—whether for sex or labor—involves the use of force, fraud, or coercion to hold individuals in servitude. Victims are promised love, a good job, or a stable life, but instead are forced to work under deplorable conditions for little or no pay.

LGBTQ+ youth, especially those who have been in foster care, are at particular risk of trafficking because many of their families or communities have turned their back on them because of their sexual orientation or gender identify. LGBTQ+ youth are disproportionately overrepresented among minor sex trafficking victims: they make up 20 to 40 percent of victims, compared to 5-7 percent of the general youth population, according to the Human Trafficking Hotline.

Persons with disabilities represent one in four adults in the United States and may include those with physical disabilities, sensory challenges, mental health diagnoses, substance use concerns, or intellectual or developmental disabilities. In addition to sex or labor trafficking, these individuals often are targeted for theft of social security and disability benefits. Among the factors that can make people with disabilities targets are relying on others to meet their basic needs, with the caregiver taking advantage of the dependency; being sheltered or isolated and craving friendship and human connection; having difficulty with communication or speech; being desensitized to inappropriate touching because of isolation, lacking informed sex education, or medical or intimate care related to their disability; and fearing that they will not be believed because of the social discrimination and prejudice.

Undocumented immigrants are particularly susceptible to human trafficking because they are unfamiliar with their rights in the United States and often do not speak English. They also do not have the required paperwork to live or work in the country and so they are constantly under threat of deportation. They often are targeted because traffickers know they are less likely than legal residents to seek help.

According to the National Network for Youth, one in five runaways and unhoused youth are victims of human trafficking. Unhoused youth lack basic needs, such as a safe place to sleep, and often suffer from early trauma, such as experiencing physical or emotional abuse by parents or guardians or a history of sexual abuse. Survivors of childhood sexual abuse are at particularly considerable risk for sex trafficking, which can in turn lead to substance use and mental health issues.

Human traffickers also prey on the financially vulnerable, such as those living in poverty, unemployed, or homeless. Unable to meet basic needs, such as food, shelter or healthcare, these individuals are targeted with offers of meeting their basic needs in exchange for labor or sex. Finances are used as a means of control to prolong the exploitation, according to the United Way.

Because many of these vulnerable populations face systemic injustice and often do not self-identify as human trafficking victims, the International Association of Chiefs of Police offers the following recommendations when human trafficking is suspected:

• Be aware that traffickers might not be easy to distinguish from their victims and understand that some victims may have had to “collaborate” to survive.
• Educate yourself on trauma, its impact, and its effects, or collaborate with a trauma specialist to assist with interviews.
• Adopt a compassionate and nonjudgmental manner.
• Do interviews with victims and witnesses while in plain clothes, if possible.
• Conduct interviews individually and in private and remember that the victim may need a counselor or attorney present for support.
• When an interpreter is needed, select a skilled interpreter whom you are confident is in no way connected to the trafficker.
• Do not begin your interview by asking about documentation or legal status, as this may frighten or confuse victims and interfere with building trust.
• Do not ask “Are you a slave?” or “Are you a trafficking victim?”
• Allow interviewees to describe what happened to their counterparts before focusing on their own suffering; it is often easier for victims to talk about what happened to other people initially.
• Provide victims the opportunity to tell their story; it may help them heal.

It is vital to have multidisciplinary resources lined up before human trafficking or other crimes are reported. Here are some national resources that may assist you with identifying partners and building those teams: