The kidnapping statute in North Carolina requires that the person kidnapped be confined, restrained or removed without his or her consent, if the person at least 16 years old. If the person is younger than 16 years old, then the person kidnapped must be confined, restrained or removed without the consent of the parent or legal custodian of the person kidnapped.
Lack of consent does not always mean that the defendant must remove a victim kicking and screaming. If a defendant induces a victim to be moved based on fraud or trickery, this can constitute lack of consent. For example, the North Carolina Court of Appeals held that a defendant removed a victim without her consent when the defendant induced the victim to get into his car based on the pretext that he would pay her for sex, but the defendant’s real intent was to assault the victim. The court reasoned that had the victim known of the defendant’s real intent, she would not have consented to have been moved.