No Statute of Limitations for Kidnapping

In Arizona, there is no statute of limitations for kidnapping. Or is there? Arizona revised statute 13-107, paragraph B, section 1, lists the state statute of limitations for kidnapping at seven years. This section of the law states that seven years is the limit for class 2 through class 6 felonies. Kidnapping in Arizona is a class 2 felony. Therefore, by Arizona law, the statute of limitations for kidnapping is seven years.

That said, federal kidnapping laws have no statute of limitations. So which is it? Well, there are many different types of federal kidnapping. However, one distinction is that federal kidnapping charges focus on crossing state lines with the victim. Consequently, if a kidnapper remains in the same state, they need only worry about being found out for those first seven years. Should the kidnapper takes the victim into another state, this becomes a federal kidnapping case. As a result, charges can always be filed at any time.

The Lindbergh Baby

You’ve probably heard of the Lindbergh baby, or at least of his father, Charles Lindbergh. Charles Lindbergh was a U.S. Air Mail pilot who rose to fame by flying the first solo, non-stop, transatlantic flight on record.

In March of 1932, Charles and Anne Lindbergh’s 20-month-old baby, Charles Lindbergh, Jr., was abducted from their New Jersey home. The purpose? A ransom attempt. These were rich, famous, white people. Therefore, it was a huge deal. Especially when the baby was found two months later, dead on the side of a road. The kidnapper was later discovered in New York.

What do you do as a local law enforcement officer when you find a person suspected of a crime committed outside of your jurisdiction? After all, you cannot legally arrest them. And what do you do when someone escapes beyond your jurisdiction, to land on which you cannot legally arrest or even pursue them?

The Lindbergh ACT

This is why kidnapping needed to become a federal crime. Doing so put the matter into the hands of law enforcement officers who have the freedom to pursue and arrest anyone committing federal crimes anywhere in the U.S. The Lindbergh Act was passed on Chuck Jr.’s would-be second b-day, June 22, 1932. This law allows federal agents the jurisdiction to get involved as soon as kidnappers cross state lines. It also allows for the death penalty as punishment for kidnapping.

The Lindbergh Act of 1932 specifies that “if the death of any person results, [kidnapping] shall be punished by death or life imprisonment.” This does not necessarily have to be murder or manslaughter. If the abducted person dies in the kidnapper’s captivity, or a law enforcement officer dies in the course of pursuing them, a death has resulted because of the kidnapper’s actions. The kidnapper can then receive life in prison or the death penalty.

Arizona Statutes of Limitation

Not all states have different classifications of felonies, but Arizona is one, of many, that does. Kidnapping in Arizona is a class 2 felony. Other class 2 felonies include sex trafficking, sexual assault, armed robbery, manslaughter, and methamphetamine manufacturing. These crimes are punishable by a standard prison sentence of four to 10 years. Additionally, there’s a minimum sentence of three years, and a maximum sentence of 12 and a half years.

There are exceptions, however. The basic rule of thumb is that any crime for which the offender could, if convicted, get the death penalty or life in prison, has no statute of limitations. According to FindLaw, while crimes like sex trafficking apparently have a statute of limitations of seven years, crimes involving “sexual exploitation of a child can be started at any time.” Likewise, sexual assault has only a 7-year statute of limitations, but prosecution of “violent sexual assault” can also be started at any time.

What is the Statute of Limitations for Kidnapping in Arizona?

With kidnapping in Arizona being a class 2 felony, the statute of limitations for kidnapping in Arizona, if the kidnapper(s) never crosses state lines, is only seven years. If the kidnappers commit any other crimes that are punishable by life in prison or the death penalty, they can always be charged, tried, and convicted of those. Of course, it’s entirely possible for kidnappers to cross state lines without authorities ever finding any proof of it, but things like tax records and traffic tickets can prove otherwise.

For exactly that reason, the Lindbergh Act of 1932 stipulates as such:

…the failure to release the victim within twenty-four hours after he shall have been unlawfully seized, confined, inveigled, decoyed, kidnapped, abducted, or carried away shall create a rebuttable presumption that such person has been transported in interstate or foreign commerce. Notwithstanding the preceding sentence, the fact that the presumption under this section has not yet taken effect does not preclude a Federal investigation of a possible violation of this section before the 24-hour period has ended.

In the US, There is No Statute of Limitations on Kidnapping

Boom! You thought you could kidnap someone in Arizona and just kick back and lie low for seven years? And then release your victim and brag about your crime to everyone in town? Nope! If a kidnapper does not release the abducted person before 24 hours are up, the feds will assume the kidnapper has taken the abducted person across state lines and will take federal action!

Twenty-four hours is plenty of time to drive (or fly) through multiple states. The authorities can’t wait that long to let such dangerous people escape! It’s the difference between three to 12 years in prison and the death penalty. The bad news for kidnappers: in any state in the U.S., after 24 hours, there is no statute of limitations for kidnapping.

Help Us Fight the Good Fight

Costs to document this historical government tragedy have been excessive. However, they are far from over. Our personal expenses to fight the powers that continue to victimize our children and their families have exceeded over $1,000,000. They continue to grow by the day. In order to save face, the state of Arizona continues to blame the victims of corruption. They do so at great damage to their reputations and credibility.

Any contribution you can make to aid our cause is most appreciated. You can donate to Saving Grace Advocates using the link provided. Please help us fight Arizona CPS corruption and bring justice to the families and children who have suffered at their hands. Thank you for your continued support and contributions.

Sincerely,

Saving Grace Advocates

There is No Statute of Limitations for Kidnapping