Kidnapping Charges in MA: When Does a Crime Become Federal?

Written By: Matthew W. Peterson

Published: 07/09/2025

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What Is Kidnapping Charges In Massachusetts?

Kidnapping in Massachusetts typically starts as a crime at the state level. A kidnapping case becomes federal when it crosses state lines, involves federal property, lasts over 24 hours, or involves specific protected people (like government officials). If a kidnapping charges is elevated to the federal level, that transition usually brings harsher penalties and different legal procedures.

The Basics of Massachusetts State Law

The legal definition of kidnapping in Massachusetts can be found in Massachusetts General Laws Chapter 265, Section 26. In this section, kidnapping is defined as when someone without lawful authority:

Forcibly or secretly confines/imprisons someone within the State against their will
Forcibly carries/sends someone out of the State against their will
With intent to seize, confine, or imprison that person

Penalties for basic kidnapping charges at the state level include up to 10 years in prison and a $1,000 fine. Some factors may increase these penalties. If they find that the kidnapping took place with an intent to extort, the sentence could be up to a full term of life imprisonment. If the person who was kidnapped was under 16 years old, the sentence may be up to 15 years in prison. Additionally, if a firearm was involved, there is a mandatory minimum of 10 years in prison.

When Federal Law Takes Over: The 6 Federal Triggers

Interstate Transportation: Victim is taken across state lines or the offender crosses state boundaries during the crime
24-Hour Rule: If the victim is not released within 24 hours there is a presumption of federal jurisdiction, creating automatic federal involvement through FBI investigation
Interstate Commerce Rules: Using cross-state communication/coordination
Federal Property: Automatic federal involvement if the alleged crime occurred on federal property like military bases, national parks, federal buildings, and aircrafts/ships under federal jurisdiction
Protected Persons: If government officials (state/federal/foreign) or federal employees performing duties are kidnapped, it is automatically within federal jurisdiction
International Parental Kidnapping: If a parent takes a child under 16 across international borders (either forcefully or without the other parent’s consent) it is a federal case, and can result in up to 3 years in prison

Federal v. State Key Differences

	State (Massachusetts)	Federal
Maximum Penalty	10-15 years (enhanced to life for extortion involvement)	Life imprisonment or death
Investigative Agency	State/local police	FBI
Courts Involved	Massachusetts state courts	U.S. District Court

Defense Strategy and Other Legal Implications

The strategy an attorney may use when defending kidnapping charges may depend on whether the jurisdiction is federal or state. At the state level, arguments may be built on the victim’s consent, lack of intent, mistaken identity, or constitutional violations that occurred during the investigation.

While these things can also be argued at the federal level, many attorneys at a U.S. District Court may choose to first focus on disputing the elements of the charge that cause it to be federal. This might include disputing interstate commerce connections, challenging the 24-hour presumption, or arguing a lack of federal interest in an attempt to lower the charges back down to state courts.

Often in an investigation, both state and federal agencies work together, as the FBI has large amounts of resources to assist. Prosecutors may have the final say when it comes to whether a case is to be on the state or federal level. Federal charges are typically pursued for multi-state crimes, cases involving minors, crimes with federal properties/officials, cases that last longer than 24 hours.

Facing Kidnapping Charges?

If you or a loved one are facing kidnapping charges, and you are still confused as to whether they are state or federal, you should immediately get in touch with an experienced attorney. Even if you are sure which jurisdiction your case will be brought in, obtaining an attorney early on will help them build a stronger case. These charges are intense, and should not be handled alone.

At the Law Office of Matthew W. Peterson, we have experience in serious charges like kidnapping in both state and federal jurisdictions, and we are ready to fight for your future. Call us today at 617-295-7500 to start the conversation and begin creating a defense strategy.