WPIC 39.30 Abduct—Definition

Use bracketed material as applicable. For directions on using bracketed phrases, see WPIC 4.20 (Introduction).

RCW 9A.40.010(1), (2).

In State v. Stubsjoen, 48 Wn.App. 139, 738 P.2d 306 (1987), the court held that, for purposes of RCW 9A.40.030, a person is abducted when held in areas either public or private under circumstances where it is unlikely that those persons directly affected by the victim's disappearance will find the victim. There must be some evidence that the defendant in fact limited the victim's liberty. State v. Dillon, 163 Wn.App. 101, 257 P.3d 678 (2011) (finding insufficient evidence of abduction when 13-year-old child agreed to go to apartment with man he met on the internet).

The completed crime of kidnapping involving use or threat of deadly force requires the use or threatened use of a weapon or other means “likely to cause” or “capable of, and [entailing] great risk of” death or serious physical injury. However, attempted kidnapping need not actually involve such a weapon, nor need the victim believe that the perpetrator had such a capacity. State v. Majors, 82 Wn.App. 843, 919 P.2d 1258 (1996) (defendant threatened to “blow [the victim's] head off” with BB gun).