Violent Crimes

“911 call.” A transmission of information via a telecommunications device to a public safety answering point for the initial reporting of police, fire, medical, or other emergencies.

“Alcoholic liquid.” A substance containing liquor, spirit, wine, beer, malt, or brewed beverage, or any combination thereof.

“Bodily injury.” Impairment of physical condition or substantial pain.

“Campus security officer.” An employee of an institution of higher education charged with maintaining the safety and security of the property of the institution and the individuals on the property.

“Caretaker.” Any person who: Is an owner, operator, manager, or employee of any of the following: A nursing home, personal care home, assisted living facility, private care residence, or domiciliary home. A community residential facility or intermediate care facility for a person with mental disabilities. An adult daily living center. A home health service provider whether licensed or unlicensed. An entity licensed known as the Health Care Facilities Act. Provides care to a care-dependent person. Has an obligation to care for a care-dependent person for monetary consideration. Is an adult who resides with a care-dependent person and who has a legal duty to provide care or who has voluntarily assumed an obligation to provide care because of a familial relationship, contract, or court order. Is an adult who does not reside with a care-dependent person but who has a legal duty to provide care or who has affirmatively assumed responsibility for care or who has a responsibility by contract or court order.

“Communicates.” Conveys a message without the intent of legitimate communication or address by oral, nonverbal, written, or electronic means, including telephone, electronic mail, Internet, facsimile, telex, wireless communication, or similar transmission.

“Course of conduct.” A pattern of actions composed of more than one act over a period of time, however short, evidencing a continuity of conduct. The term includes lewd, lascivious, threatening, or obscene words, language, drawings, caricatures, or actions, either in person or anonymously. Acts indicating a course of conduct which occur in more than one jurisdiction may be used by any other jurisdiction in which an act occurred as evidence of a continuing pattern of conduct or a course of conduct.

“Drug.” A controlled substance or drug as defined in The Controlled Substance, Drug, Device, and Cosmetic Act.

“Emergency services personnel.” Individuals, including a trained volunteer or a member of the armed forces of the United States or the National Guard, whose official or assigned responsibilities include performing or directly supporting the performance of emergency medical and rescue services or firefighting.

“Emotional distress.” A temporary or permanent state of mental anguish.

“Family or household member.” Spouses or persons who have been spouses, persons living as spouses or who lived as spouses, parents and children, other persons related by consanguinity or affinity, current or former sexual or intimate partners or persons who share biological parenthood.

“Financial institution” means a bank, trust company, savings trust, credit union, or similar institution.

“Firearm.” Any weapon, including a starter gun, which will or is designed to or may readily be converted to expel a projectile by the action of an explosive or the expansion of gas therein.

“Fireman.” Include any employee or member of a municipal fire department or volunteer fire company.

“Hijacking.” Any unlawful or unauthorized seizure or exercise control, by force or violence or threat of force or violence.

“Institution of higher education” or “institution.” An institution located within this Commonwealth authorized to grant an associate or higher academic degree.

“Instrument of crime.” Any of the following: Anything specially made or specially adapted for criminal use or anything used for criminal purposes and possessed by the actor under circumstances not manifestly appropriate for lawful uses it may have.

“Intentional Killing.” Killing by means of poison, oy by lying in wait, or by any other kind of willful, deliberate, and premeditated killing.

“Law enforcement officer.” An individual who, by virtue of the individual's office or public employment, is vested by law with a duty to maintain public order or to make arrests for offenses, whether that duty extends to all offenses or is limited to specific offenses, or an individual on active State duty under 51 Pa.C.S. § 508 (relating to active duty for emergency). The term shall have the same meaning as the term “peace officer.”

“Legal entity.” An individual, partnership, unincorporated association, corporation, or governing authority.

“Minor.” An individual younger than 18 years of age.

“Organization.” Any of the following: (1) A fraternity, sorority, association, corporation, order, society, corps, club or service, social or similar group, whose members are primarily minors, students, or alumni of the organization, an institution or secondary school. (2) A national or international organization with which a fraternity or sorority or other organization as enumerated under paragraph (1) is affiliated.

“Parent.” The natural parent, stepparent, adoptive parent, or guardian of a minor.

“Perpetration of a felony.” The act of the Defendant in engaging in or being an accomplice in the commission of, or an attempt to commit, or flight after committing, or attempting to commit robbery, rape, or deviate sexual intercourse by force or threat of force, arson, burglary, or kidnapping.

“Principal.” A person who is the actor or perpetrator of the crime.

“Private care residence.” A private residence: in which the owner of the residence or the legal entity responsible for the operation of the residence, for monetary consideration, provides or assists with or arranges for the provision of food, room, shelter, clothing, personal care or health care in the residence, for a period exceeding 24 hours, to fewer than four care-dependent persons who are not relatives of the owner; and which is not required to be licensed as a long-term care nursing facility. This term does not include domiciliary care or a facility that provides residential care for fewer than four care-dependent adults and which is regulated by the Department of Human Services.

“Secondary school.” A public or private school within this Commonwealth that provides instruction in grades 7 through 12 or a combination of grades 7 through 12.

“Serious bodily injury.” Bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

“Seriously disparaging statement or opinion.” A statement or opinion which is intended to and under the circumstances is reasonably likely to cause substantial emotional distress to a child of the victim's age and which produces some physical manifestation of the distress.

“Student.” An individual who attends or has applied to attend or has been admitted to an institution or secondary school.

Pennsylvania has a statute that specifically prohibits the use of certain defenses by a person, institution, or organization, charged with any Hazing offense. The law prohibits using the fact that the minor or the student’s consent to the conduct was sought or obtained as a defense to Hazing charges. The law also prohibits using the fact that the conduct was sanctioned or approved by the institution, secondary school, or organization as a defense to Hazing charges.

Pennsylvania does have in place a Safe Harbor Statute that protects individuals in a Hazing case. If you qualify under this statute you will be granted immunity for helping another seek medical attention and will not be prosecuted for an offense of Hazing if all of the following can be established:

(1) A law enforcement officer first became aware of your violation of this chapter because you placed a 911 call or contacted campus security, police, or emergency services, based on a reasonable belief that another individual needed immediate medical attention to prevent death or serious bodily injury.

(2) You reasonably believed that you were the first person to make a 911 call or contact campus security, police, or emergency services and report that an individual needed immediate medical attention to prevent death or serious bodily injury.

(3) You provided your own name to the 911 operator or equivalent campus security officer, police, or emergency services personnel.

(4) You remained with the individual needing medical assistance until a campus security officer, police, or emergency services personnel arrived and the need for your presence had ended.

There can also be immunity the person who needed medical attention, Pennsylvania also provides immunity for the person who needed medical attention for the offense of Purchase, Consumption, Possession or Transportation of Liquor or Malt or Brewed Beverages if another person against whom probable cause exists to charge for an offense of Hazing reported the incident and remained with the person in need of medical attention, and the other individual qualifies for a safe harbor under this section.

The immunity provided by the safe harbor provisions is not available where:

(1) Law enforcement learns of the offense prior to and independent of the action of the person seeking or obtaining emergency assistance.

(2) There is an investigation, arrest, charge, or prosecution of an individual for a crime other than Hazing or the offense of Purchase, Consumption, Possession or Transportation of Liquor or Malt or Brewed Beverages.

(3) The safe harbor provisions do not apply to the admissibility of evidence in connection with the investigation and prosecution for a crime other than Hazing or the offense of Purchase, Consumption, Possession or Transportation of Liquor Or Malt or Brewed Beverages.

(4) The safe harbor provisions do not bar the admissibility of evidence in connection with the investigation and prosecution of a crime regarding another defendant who does not independently qualify for a safe harbor under this statute.

A person is guilty of Cyber Harassment of a Child in Pennsylvania if they, with intent to harass, annoy or alarm another, engages in a continuing course of conduct of making any of the following electronic communications directly to a child or by publication through any electronic social media service:

(1) a seriously disparaging statement or opinion about the child’s physical characteristics, sexuality, sexual activity or mental or physical health or condition or

(2) any threat to inflict harm.

The grading of this offense shall be a Misdemeanor of the Third degree. However, if the person is a juvenile as well, then they will have the opportunity to participate in a diversionary program or Consent Decree. Which may include educational programs about legal and non-legal consequences of cyber harassment. Upon successful completion, the charges shall be expunged from the juvenile’s record.

This charge can be brought by the Commonwealth in either the place in which the actions/communication are deemed to have been committed or from the county in which the communication/action originated, this includes all counties where an incident may have been committed or may have originated.

A person is guilty of Simple Assault in Pennsylvania if they attempt to cause, or intentionally, knowingly, or recklessly cause bodily injury to another; or negligently cause bodily injury to another with a deadly weapon; or attempt by physical menace to put another in fear of imminent serious bodily injury; or conceal or attempt to conceal a hypodermic needle on themselves and intentionally or knowingly this needle penetrates an officer during the course of an arrest or any search of the person.

The grading of this offense shall be a Misdemeanor of the Second degree. However, if the person was engaged in a fight entered by mutual consent this will be charged as a Misdemeanor of the Third degree. If the offense occurs with a child under the age of 12 by a person 18 years of age or older the offense will be graded as a Misdemeanor of the First degree.

The crime of Aggravated Assault covers many different actions on the part of the accused.

A person can be charged with Aggravated Assault if they attempt to cause serious bodily injury to another person, or cause serious bodily injury to another person, either intentionally, knowingly, or recklessly under circumstances manifesting extreme indifference to the value of human life. This offense is graded as a Frist-Degree Felony.

A person can also be charged with Aggravated Assault if they attempt to cause, or intentionally, knowingly, or recklessly, cause serious bodily injury to any of the officer, agent, employee or other person enumerated in the statute, or to an employee of an agency, company, or other entity engaged in public transportation, while in the performance of duty. A list of enumerated persons is set forth below. This offense is graded as a Frist-Degree Felony.

A person can also be charged with Aggravated Assault if they attempt to cause, or intentionally, or knowingly, cause bodily injury to any of the officer, agent, employee, or other enumerated people in the performance of their duties. This offense is graded as a Second-Degree Felony.

A person can also be charged with Aggravated Assault if they attempt to cause, or intentionally, or knowingly, cause bodily injury to another person, with a deadly weapon. This offense is graded as a Second-Degree Felony.

A person can also be charged with Aggravated Assault if they attempt to cause, or intentionally, or knowingly, causes bodily injury to a teaching staff member, school board member, or other school employees, including a student employee, of any elementary or secondary publicly-funded educational institution, any elementary or secondary private school licensed by the Department of Education or any elementary or secondary parochial school while the person injured is acting in the scope of their employment or because of their employment relationship to the school. This offense is graded as a Second-Degree Felony.

A person can also be charged with Aggravated Assault if they attempt by physical menace to put any of the officer, agent, employee, or other enumerated people, while in the performance of duties, in fear of imminent serious bodily injury. This offense is graded as a Second-Degree Felony.

A person can also be charged with Aggravated Assault if they use tear or noxious gas as defined by statute, or use an electric or electronic incapacitation device, against any officer, employee or other enumerated people while that person is acting in the scope of their employment. This offense is graded as a Second-Degree Felony.

A person, who is over 18 years of age, can also be charged with Aggravated Assault if they attempt to cause, or intentionally, knowingly, or recklessly, cause bodily injury to a child less than six years of age. This offense is graded as a Second-Degree Felony.

A person, who is over 18 years of age, can also be charged with Aggravated Assault if they attempt to cause, or intentionally, knowingly, or recklessly, cause serious bodily injury to a child less than 13 years of age. This offense is graded as a Frist-Degree Felony.

Enumerated persons: Police officer, Firefighter, County adult probation or parole officer, County juvenile probation or parole officer, an agent of the Pennsylvania Board of Probation and Parole, Sheriff, Deputy sheriff, Liquor control enforcement agent, Officer or employee of a correctional institution, county jail or prison, juvenile detention center or any other facility to which the person has been ordered by the court pursuant to a petition alleging delinquency, Judge of any court in the unified judicial system, the Attorney General, deputy attorney general, a District attorney, assistant district attorney, public defender, assistant public defender, Federal law enforcement official, State law enforcement official, local law enforcement official, any person employed to assist or who assists any Federal, State or local law enforcement official, emergency medical services personnel, parking enforcement officer, magisterial district judge, constable, deputy constable, psychiatric aide, teaching staff member, a school board member or other employee, including a student employee, of any elementary or secondary publicly funded educational institution, any elementary or secondary private school licensed by the Department of Education or any elementary or secondary parochial school while acting in the scope of his or her employment or because of his or her employment relationship to the school, Governor, Lieutenant Governor, Auditor General, State Treasurer, Member of the General Assembly, employee of the Department of Environmental Protection, an individual engaged in the private detective business, an employee or agent of a county children and youth social service agency or of the legal representative of such agency, a public utility employee or an employee of an electric cooperative, a wildlife conservation officer or deputy wildlife conservation officer of the Pennsylvania Game Commission, and a waterways conservation officer or deputy waterways conservation officer of the Pennsylvania Fish and Boat Commission.

Assault of Law Enforcement Officer is a crime that can be charged in Pennsylvania where someone attempts to cause, or intentionally, or knowingly, causes bodily injury to a law enforcement officer, by discharging a firearm. The offense can only be charged for actions that occur while the officer is engaged in the performance of their duties, and, where the person knows the victim is a law enforcement officer.

This offense is graded as a Felony of the First Degree. A person convicted of this offense faces a maximum sentence of up to 40 years of incarceration.

Strangulation is a crime in Pennsylvania. A person can be charged with strangulation if they knowingly, or intentionally, impede the breathing or circulation of the blood of another person by applying pressure to the throat or neck or by blocking the nose and mouth of the person. This offense can be charged where there are no physical injuries. The crime specifically states that the lack of physical injuries is not a defense. There is an affirmative defense if the alleged victim consented to the actions.

This offense is generally graded as a Misdemeanor of the Second degree. The grading can be increased under certain circumstances. If the offense is committed against a family or household member, a caretaker against a care-dependent person, or in conjunction with sexual violence or stalking the offense is graded as a Felony of the Second Degree. If the victim is currently being protected from the Defendant by a Protect From Abuse order (PFA) or Protection From Intimidation order (PFI), if an instrument of crime is used during the offense, or if the defendant has been previously convicted of this offense or any similar offense in another jurisdiction, the offense is graded as a Felony of the First Degree.

Robbery is the crime charged where, in the course of committing a theft, a person engages in the use of force or the threat of force. The offense can be charged where during the course of committing a theft a person inflicts serious bodily injury upon another. It can also be charged where during the course of committing a theft a person threatens another with or intentionally puts another in fear of, immediate serious bodily injury. The offense can also be charged where during the course of committing a theft a person commits or threatens to immediately commit, any felony of the first or second degree in the crimes code. Robbery can also be charged where during the course of committing a theft a person inflicts bodily injury on another person or threatens another with or intentionally puts them in fear of immediate bodily injury. Robbery can also be charged where a person physically takes or removes property from the person of another by force however slight. Finally, Robbery can be charged where a person takes or removes the money of a financial institution without the permission of the financial institution by making a demand of an employee of the financial institution, either orally or in writing, with the intent to deprive the financial institution.

The phrase “course of committing a theft” has a specific meaning under the statute includes any attempt to commit a theft, as well as time after the theft during which the person flees from the theft or attempted theft.

This offense is graded as a Felony of the Third Degree if the person is alleged to have physically taken or removed property from another person by force however slight.

This offense is graded as a Felony of the Second Degree if the person is alleged to have inflicted bodily injury upon another, or if they threatened another with or intentionally puts them in fear of immediate personal injury, or if they took or removed the money of a financial institution without the permission of the financial institution by making a demand of an employee of the financial institution orally or in writing with the intent to deprive the financial institution.

This offense is graded as a Felony of the First Degree if the person is alleged to have inflicted serious bodily injury upon another, threatened another with or intentionally put them in fear of immediate serious bodily injury, or if the person committed or threatened to immediately commit any felony of the first or second degree. It is also graded as a Felony of the First Degree if the object of the theft is a controlled substance or designer drug.

A person can be charged with the crime of Unlawful Restraint if they unlawfully restrain another person in circumstances exposing them to risk of serious bodily injury or if they hold another person in a condition of involuntary servitude.

This offense is generally graded as a Misdemeanor of the first degree. However, if the victim is under the age of 18, the offense is graded as a Felony of the second degree.

There are different crimes that can be charged when hazing is alleged. The basic charge is called “Hazing”. There are also crimes for “Aggravated Hazing”, “Organizational Hazing”, and “Institutional Hazing”.

A person can be charged with the crime of Hazing if they intentionally, knowingly, or recklessly engage in conduct to initiate, admit or affiliate a minor or a student into or with an organization, or if they engage in conduct to continue or enhance a minor’s or a student’s membership or status in an organization, which causes, coerces, or forces the minor or the student to do any of the following:

1) Violate a Federal or a State criminal law.

2) Consume any food, liquid, alcoholic liquid, drug, or other substance, that subjects the minor or the student to a risk of emotional or physical harm.

3) Endure brutality of a physical nature, including whipping, beating, branding, calisthenics, or exposure to the elements.

4) Endure brutality of a mental nature, including activity adversely affecting the mental health or dignity of the individual, sleep deprivation, exclusion from social contact, or conduct that could result in extreme embarrassment.

5) Endure brutality of a sexual nature.

6) Endure any other activity that creates a reasonable likelihood of bodily injury to the minor or the student.

This offense is graded as a Summary. However, if the hazing results in bodily injury or creates a reasonable likelihood of bodily injury then the offense is graded as a Misdemeanor of the third degree.

The statute specifically excludes any reasonable and/or customary athletic, law enforcement, or military training, contests, competitions, or events, from being considered as hazing.

Aggravated Hazing is charged when a person commits a violation of the Hazing statute and where the victim of the hazing suffers serious bodily injury or death and either of two special circumstances are present. The two special circumstances are:

1) The person doing the hazing acted with “reckless indifference” to the victim’s health and safety.

2)The person doing the hazing caused, coerced, or forced the victim of the hazing to consume liquid alcohol or drugs.

This offense is graded as a felony of the third degree.

An organization can be charged with the crime Organizational Hazing if it intentionally, knowingly, or recklessly, promotes or facilitates a violation of the Hazing or Aggravated Hazing statutes.

An “organization” is defined by statute as:

Any of the following:

(1) A fraternity, sorority, association, corporation, order, society, corps, club, or service, social or similar group, whose members are primarily minors, students, or alumni of the organization, an institution or secondary school.

(2) A national or international organization with which a fraternity or sorority or other organization as listed under paragraph (1) is affiliated.

If found guilty of this offense, the Organization can be punished by a fine of up to $5,000 for each violation of the Hazing statute and by a fine of up to $15,000 for each violation of the Aggravated Hazing statute. The statute also allows the Court to order any other sanctions or relief as the Court believes to be fair.

An Institution can be charged with a crime related to Hazing that occurs at that Institution. The crime of Institutional Hazing can be charged if an institution intentionally, knowingly, or recklessly promoted or facilitated a violation of the Hazing statute or a violation of the Aggravated Hazing statute.

An “Institution” is defined by statute as “An institution located within this Commonwealth authorized to grant an associate or higher academic degree”

If the Institution is found guilty of this offense, it is punished by a fine against the Institution of not more than $5,000 for each violation of the Hazing statute or a fine of not more than $15,000 for each violation of the Aggravated Hazing statute.

A person can be charged with Terroristic Threat in Pennsylvania if they communicate, either directly or indirectly, a threat to commit a crime of violence under the following circumstances:

1. The treat was made with the intent to terrorize another person. Or,

2. The threat was made with the intent to cause an evacuation of a building, place of assembly, or facility of public transportation. Or,

3. The treat was made with the intent to cause serious public inconvenience or cause terror, or serious public inconvenience, with reckless disregard of the risk of causing such terror or inconvenience.

The offense is usually graded as a Misdemeanor of the First Degree. However, if the threat causes the occupants of the building, place of assembly, or facility of public transportation to be evacuated or otherwise diverted from their normal or customary operations the offense is graded a Felony of the Third Degree.

In addition to any other sentence imposed or restitution ordered on a person convicted of Terroristic Threats, the judge can order that they pay restitution in an amount equal to the cost of any evacuation which resulted from the threat, including, but not limited to, fire and police response; emergency medical service or emergency preparedness response; and transportation of an individual from the building, place of assembly, or facility.

In Pennsylvania, Criminal Homicide is present when someone intentionally, knowingly, or negligently causes the death of another human being.

Pennsylvania classifies Criminal Homicide as Murder, Voluntary Manslaughter, or Involuntary Manslaughter depending on the specific circumstances present at the time of the offense.

Pennsylvania separates Murder into three different degrees.

First Degree Murder is charged when a Criminal Homicide is committed by an intentional killing. This offense is graded as Murder of the First Degree and is punishable by incarceration for life without the possibility for parole or death if certain aggravating factors are present.

Second Degree Murder is charged when a Criminal Homicide is committed while the actor was engaged, as either the principal or accomplice, in the commission of a felony offense. The “felony offense”, for purposes of Second Degree Murder, are limited to Robbery, Rape, Deviate Sexual Intercourse by Force or Threat of Force, Arson, Burglary, or Kidnapping. This offense is graded as Murder of the Second Degree and is punishable by incarceration for life without the possibility for parole.

Third Degree Murder is charged when a Criminal Homicide is committed in any other manner.This offense is graded as a Felony of the First degree and is punishable by incarceration of up to 40 years and a fine of up to $50,000.

A person can also be charged with “Inchoate Murder” where they are accused of attempting to commit murder, or soliciting another to commit murder, or conspiring with another to commit murder. The possible penalty for those offenses depends on whether the victim suffered serious bodily injury. If serious bodily injury is present the offense is punishable by incarceration of up to 40 years and a fine of up to $50,000. If no serious bodily injury is present the offense is punishable by incarceration of up to 20 years and a fine of up to $50,000.

Voluntary Manslaughter is present when a person kills an individual without lawful justification and at the time of the killing the person acted under a sudden and intense passion resulting from serious provocation by the individual killed.

Voluntary Manslaughter also is present when a person tries to kill an individual without lawful justification and at the time of the killing the person acted under a sudden and intense passion resulting from serious provocation by the person who was the intended target of the killing, but the person negligently or accidentally causes the death of some other person instead.

Voluntary Manslaughter is also present where a person intentionally or knowingly kills someone with the belief that the killing is justified, but that belief is determined to be unreasonable under the circumstances.

This offense is graded as a Felony of the First Degree. It is punishable by incarceration of up to 20 years and a fine of up to $25,000.

Involuntary Manslaughter charges can be filed by the Commonwealth where someone causes the death of another person by doing an act in a reckless or grossly negligent manner. It does not matter if the act is lawful or not, if done in a reckless or grossly negligent manner and someone dies as a result you can be charged by the Commonwealth with Involuntary Manslaughter.

This offense is usually graded as a Misdemeanor of the First Degree. However, if the victim is under the age of 12 and was in the care, custody, or control of the person who caused the death, the offense is graded as a Felony of the First Degree.

This offense is broken down into two categories each with two degrees.

You are guilty of Criminal Homicide of a Law Enforcement Officer of the first degree if you are the person who intentionally commits the murder of a law enforcement officer while in the performance of their duties and you know the victim is a law enforcement officer.

You are guilty of Manslaughter of a Law Enforcement Officer of the first degree if you without lawful justification commits the murder of a law enforcement officer while in the performance of their duties and you know the victim is a law enforcement officer. If at the time of the killing you are acting under sudden and intense passion resulting from serious provocation by the victim killed, or from sudden and intense passion resulting from serious provocation by another individual whom you attempted to kill, but instead negligently or accidentally caused the death of the victim. Or if at the time of the killing you believe the circumstances to be such that, if they existed, would justify the killing under, but this belief is deemed unreasonable. This offense is graded as a Felony of the first degree.

You are guilty of Criminal Homicide of a Law Enforcement Officer of the second degree if you are engaged as a principal or an accomplice in the perpetration of a felony during which a law enforcement officer is killed while in the performance of their duty.

You are guilty of Manslaughter of a Law Enforcement Officer of the second degree if you as a direct result of the doing of an unlawful or lawful act in a reckless or grossly negligent manner, cause the death of a law enforcement officer while in the performance of duty and you knew or should have known the victim was a law enforcement officer. This offense is graded as a Felony of the second degree.

A person can be charged with Kidnapping in Pennsylvania if they unlawfully remove another a substantial distance from the place where they are found, or if they unlawfully confine another for a substantial period in a place of isolation, with the intention of any of the following; to hold the person for ransom or reward, or to use them as a shield or hostage; to facilitate the commission of any felony or flight thereafter; to inflict bodily injury on or to terrorize the victim or another, or to interfere with the performance by public officials of any governmental or political function.

Removal or confinement is unlawful if the removal or confinement is done by force, threat, deception, where the person is incapacitated when it is accomplished, or without the consent of a parent, guardian, or another person responsible for the victim’s general welfare.

Kidnapping is graded as a felony of the first degree.

A person commits the crime of False Imprisonment if they knowingly restrain another unlawfully and interfere substantially with their liberty.

This offense is generally graded as a Misdemeanor of the Second Degree. However, If the victim is under the age of 18 and the person committing the offense is a parent of the child, the offense is graded as a Felony of the second degree. If the victim is under the age of 18 and the person committing the offense is not a parent of the child, the offense is still graded as a Felony of the Second Degree. In this situation, there is a higher Offense Gravity Score assigned to the offense, which would increase the standard range of incarceration if the person were to be convicted of the offense.