QUESTION

If you have been kidnapped, is it legal to kill your kidnapper?

Asked on Oct 11th, 2013 on Criminal Law - Illinois
More details to this question:
I'm curious if I ever get kidnapped, is it okay for me to kill my kidnapper in order to safely escape? Lets say he is asleep and I decide to suffocate him, stab him or shoot him so I can safely escape. Would that count as self defense since I was being held captive against my will, or does that simply count as murder since I wasn't in immediate danger in that exact moment? I've heard a lot of different things about this and I would like a professional viewpoint as to what the laws are and why they are the way they are. Thanks.
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1 ANSWER

Criminal Law Attorney serving Munhall, PA
Partner at Pelger Law
3 Awards
Ummm. interesting question. generally, you can only use deadly force if it is being used on you. if your kidnapper is sleeping, i would just advise walking out of the house and calling the police instead of killing her. 
Answered on Oct 12th, 2013 at 11:07 AM

William R. Pelger, Attorney Munhall, Pennsylvania 412-461-1900

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