In part 1 of this 2 part series entitled “When kidnapping is not kidnapping…. I described a reported crime in Des Moines, IA, where a crime of kidnapping a teenager at gunpoint committed by a Principal Managing Director was ruled by a District Court Judge to be a deferred judgment sentence.
In my article I defined what a kidnapping charge entailed, which is a second degree, class B felony, when a dangerous weapon is involved. Iowa Law clearly states that a deferred judgment sentence cannot be rendered in a kidnapping charge, so the Iowa District Court Judge took it upon himself to remove the charge of second degree kidnapping. The problem is that doing so did not fix the “problem,” because forcible felony was also involved as well, which would also apply in this case.
2015 Iowa Code
TITLE XVI – CRIMINAL LAW AND PROCEDURE
SUBTITLE 1 – CRIME CONTROL AND CRIMINAL ACTS
CHAPTER 710 – KIDNAPPING AND RELATED OFFENSES
Section 710.3 – Kidnapping in the second degree.
Kidnapping is defined where the purpose is to hold the victim for ransom or where the kidnapper is armed with a dangerous weapon is kidnapping in the second degree. Kidnapping in the second degree is a class “B” felony.
For purposes of determining whether the person should register as a sex offender pursuant to the provisions of chapter 692A, the fact finder shall make a determination as provided in section 692A.126.
[C51, §2588; R60, §4211; C73, §3869; C97, §4765; S13, §4750-b; C24, 27, 31, 35, 39, §12981, 12983; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §706.1, 706.3; C79, 81, §710.3]
2009 Acts, ch 119, §56
Referred to in 692A.102, 692A.126, 902.12
Definition of forcible felony, §702.11
Under Iowa law, kidnapping is a second degree felony where the “kidnapper is armed with a dangerous weapon.” It is punishable for up to 25 years in prison. A parole is considered when the perpetrator has served at least 70% of his/her sentence. A forcible felony is any felonious child endangerment, assault, murder, sexual abuse, kidnapping, robbery, arson in the first degree, or burglary in the first degree.
Ok, pretty clear, if you kidnap any person while armed with a dangerous weapon, such action is considered a second degree felony as well as a forcible felony. Pretty simple. “District Judge Jeffrey Farrell delivered a deferred judgment sentence, two years of probation….. and a $1,375 civil penalty.” In case you don’t know what a “deferred judgment sentence is, it simply means you have committed a crime, but the Judge decided you “earned” a free pass out of jail. Rather like Monopoly, the perpetrator Mark Hanrahan drew the “get out of jail” card.
In all seriousness, our judicial system takes crimes seriously. Unless you are Mark Hanrahan. There is a caveat in this case however, that District Judge Jeffrey Farrell failed to consider. Or perhaps he did consider. As stated above, a deferred judgment sentence has a list of conditions the Judge is legally required to consider before he renders a deferred judgment sentence. Regardless of the legality of this matter, the judge moved forward with his sentence, and let Hanrahan with a walk free card.
As if what the judge ruled was not enough to reward Hanrahan for his crime, Hanrahan was required to maintain a squeaky clean driving record.
