A. Any person who, by force, intimidation or deception, and without legal justification or excuse, seizes, takes, transports, detains or secretes another person with the intent to deprive such other person of his personal liberty or to withhold or conceal him from any person, authority or institution lawfully entitled to his charge, shall be deemed guilty of "abduction."
B. Any person who, by force, intimidation or deception, and without legal justification or excuse, obtains the labor or services of another person, or seizes, takes, transports, detains or secretes another person or threatens to do so, with the intent to subject him to forced labor or services, shall be deemed guilty of "abduction." For purposes of this subsection, the term "intimidation" shall include destroying, concealing, confiscating, withholding, or threatening to withhold a passport, immigration document, or other governmental identification, threatening to report another as being illegally present in the United States, or threatening to separate another from or to harm a family member.
C. The provisions of this section shall not apply to any law-enforcement officer in the performance of his duty. The terms "abduction" and "kidnapping" shall be synonymous in this Code. Except as provided in subsection D, abduction of a minor shall be punished as a Class 2 felony. Abduction for which no punishment is otherwise prescribed shall be punished as a Class 5 felony.
D. If an offense under subsection A is committed by the parent or a family or household member, as defined in § 16.1-228, who has been ordered custody or visitation of the person abducted and punishable as contempt of court in any proceeding then pending, the offense shall be a Class 1 misdemeanor in addition to being punishable as contempt of court. However, such offense, if committed by the parent or a family or household member, as defined in § 16.1-228, who has been ordered custody or visitation of the person abducted and punishable as contempt of court in any proceeding then pending and the person abducted is removed from the Commonwealth by the abducting parent or a family or household member, as defined in § 16.1-228, who has been ordered custody or visitation, shall be a Class 6 felony in addition to being punishable as contempt of court.
Code 1950, §§ 18.1-36, 18.1-37; 1960, c. 358; 1975, cc. 14, 15; 1979, c. 663; 1980, c. 506; 1997, c. 747; 2009, c. 662; 2023, c. 400; 2024, c. 368.
Notes of Decisions
Cited in
270
cases (
87 in the last 5 years), 1980–2026 · leading case:
Clanton v. Commonwealth, 673 S.E.2d 904 (Va. Ct. App. 2009).
Clanton v. Commonwealth, 673 S.E.2d 904 (Va. Ct. App. 2009).
· cites it 28× “Kenneth Anthony Clanton was convicted, in a bench trial, of abduction in violation of Code § 18.2-47, and use of a firearm in the commission of abduction in violation of Code § 18.”
Turner v. Commonwealth, 694 S.E.2d 251 (Va. Ct. App. 2010).
· cites it 48× “A person commits abduction when he "[b]y force, intimidation or deception and without legal justification or excuse, seizes, takes, transports, detains or secretes the person of another, with the intent to deprive such person of his personal liberty.”
Taylor v. Commonwealth, 521 S.E.2d 293 (Va. Ct. App. 1999).
· cites it 70× “Taylor ("appellant") appeals her conviction as a principal in the second degree for abduction in violation of Code § 18.2-47. [1] She contends the evidence was legally insufficient to support her conviction because the person she aided in committing the abduction was the natural…”
Turner v. Commonwealth, 680 S.E.2d 312 (Va. Ct. App. 2009).
· cites it 72× “'" Code § 18.2-47. Code § 18.2-48 provides an enhanced penalty "for the abduction of any person with intent to defile such person.”
Bennett v. Commonwealth, 380 S.E.2d 17 (Va. Ct. App. 1989).
· cites it 32× “In a consolidated jury trial, Pamela Jo Miller and Kenton Jay Bennett, appellants, were convicted of two counts each of abduction in violation of Code § 18.2-47. Additionally, Bennett was convicted of one count of destruction of private property.”
Walker v. Commonwealth, 622 S.E.2d 282 (Va. Ct. App. 2005).
· cites it 16× “Evidentiary Sufficiency Under Code § 18.2-47 When addressing the sufficiency of the evidence, we “ ‘presume the judgment of the trial court to be correct’ and reverse only if the trial court’s decision is ‘plaiMy wrong or without evidence to support it.”
Manneh Vay v. Commonwealth of Virginia, 795 S.E.2d 495 (Va. Ct. App. 2017).
· cites it 4× “ction with the intent to defile are that the perpetrator "by force, intimidation or deception, and without legal justification or excuse, seizes, takes, transports, detains or secretes another person with the intent to deprive such other person of his *250 personal liberty or to…”
Walker v. Com., 636 S.E.2d 476 (Va. 2006).
· cites it 12× “In this appeal, we consider whether the evidence at trial established that the defendant was guilty of abduction in violation of Code § 18.2-47. A grand jury in the Circuit Court of Virginia Beach indicted Stephen Craig Walker for robbery, use of a firearm during the commission…”
Scott v. Commonwealth, 323 S.E.2d 572 (Va. 1984).
· cites it 9× “1, and two counts of abduction, Code § 18.2-47. He was sentenced to life imprisonment for abduction with intent to defile and a total of 42 years for the other offenses.”
United States v. Steven Morris, 917 F.3d 818 (4th Cir. 2019).
· cites it 3× “According to Morris, the court explained, because Virginia's abduction offense covers abduction committed by "deception" as well as by "force" or "intimidation," see Va. Code Ann. § 18.2-47 , it did not qualify as a crime of violence under the career offender Guideline in effect…”
Burton v. Com., 708 S.E.2d 892 (Va. 2011).
· cites it 10× “In this appeal, we consider whether the evidence was sufficient to sustain Winston Tyrone Burton's conviction for abduction, in violation of Code § 18.2-47(A). Because the evidence was not sufficient to prove that Burton intended to deprive the victim of her personal liberty, we…”
— Va. Code Ann. § 18.2-47(A) — 96 cases
Burton v. Com., 708 S.E.2d 892 (Va. 2011).
“In this appeal, we consider whether the evidence was sufficient to sustain Winston Tyrone Burton's conviction for abduction, in violation of Code § 18.2-47(A). Because the evidence was not sufficient to prove that Burton intended to deprive the victim of her personal liberty, we…”
Walker v. Commonwealth, 622 S.E.2d 282 (Va. Ct. App. 2005).
“Evidentiary Sufficiency Under Code § 18.2-47 When addressing the sufficiency of the evidence, we “ ‘presume the judgment of the trial court to be correct’ and reverse only if the trial court’s decision is ‘plaiMy wrong or without evidence to support it.”
— Va. Code Ann. § 18.2-47(B) — 2 cases
— Va. Code Ann. § 18.2-47(C) — 7 cases
Turner v. Commonwealth, 694 S.E.2d 251 (Va. Ct. App. 2010).
“A person commits abduction when he "[b]y force, intimidation or deception and without legal justification or excuse, seizes, takes, transports, detains or secretes the person of another, with the intent to deprive such person of his personal liberty.”
Turner v. Commonwealth, 680 S.E.2d 312 (Va. Ct. App. 2009).
“'" Code § 18.2-47. Code § 18.2-48 provides an enhanced penalty "for the abduction of any person with intent to defile such person.”
— Va. Code Ann. § 18.2-47(D) — 4 cases
— Va. Code Ann. § 18.2-47(a) — 1 case
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