What is the difference between kidnapping and false imprisonment?

Kidnapping is a form of false imprisonment, but there are several key differences between the two crimes in the state of New Mexico. Under the law, kidnapping is defined as the taking, transporting, or confining of a person without their consent or the consent of their lawful guardian. Kidnapping can occur by force, or by trick or threat, but for the definition to apply, the act must show intent to force the victim to stay or go somewhere against his or her will. False imprisonment, on the other hand, is defined as the unlawful restraint of a person against their will. False imprisonment does not require proof of intent to transport or move the person, as kidnapping does. In New Mexico, the crime of false imprisonment is a fourth-degree felony and is punishable by a prison term of up to 18 months. In contrast, kidnapping is a first-degree felony and is punishable by a prison term of up to nine years. In short, kidnapping is a more serious and specific form of false imprisonment. Kidnapping requires proof of intent to move or confine, while false imprisonment does not. Kidnapping also carries a more severe punishment than false imprisonment under state law.

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What is the difference between kidnapping and false imprisonment?

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