Okay...I am writing a script about a guy who wants to get kidnapped. The girls doing it want him to sign something. What would they need? What would make it legal?
Legal Advice for Screenplay
- Thread starter Celia Cyanide
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Kidnapping is by its definition, an illegal act. So nothing 'makes' it legal. (Well, we'll just leave out 'judicial extradition' by a government for the purpose of this argument)
Not knowing the plotline, I can imagine that they want him to sign an agreement for 'services rendered." IF someone were to come to me, I would draw up a contract for some sort of 'theatrical production' or 'role playing' or 'gaming scenario' or 'life simulations' or 'kidnapping simulation' - Something that outlines the fact that this character is HIRING them, to perform what LOOKS LIKE a kidnapping scenario. It will happen at a time, and place of their choosing to be a surprise. He will be held for an unspecified length of time until such requirements are fulfilled. Of course, in order for a contract to be binding, there should be a 'cancellation clause' - this will be necessary to prove that he wasn't forced to sign something against his will, that he could stop it at any time... Otherwise its unlawful restraint or imprisonment.
Al least, that's how I'd solve your problem before mmy second cup of coffee.
BTW - You CANNOT have them hold him in order to GET SOMETHING from another party. This then becomes a form of extortion.
Not knowing the plotline, I can imagine that they want him to sign an agreement for 'services rendered." IF someone were to come to me, I would draw up a contract for some sort of 'theatrical production' or 'role playing' or 'gaming scenario' or 'life simulations' or 'kidnapping simulation' - Something that outlines the fact that this character is HIRING them, to perform what LOOKS LIKE a kidnapping scenario. It will happen at a time, and place of their choosing to be a surprise. He will be held for an unspecified length of time until such requirements are fulfilled. Of course, in order for a contract to be binding, there should be a 'cancellation clause' - this will be necessary to prove that he wasn't forced to sign something against his will, that he could stop it at any time... Otherwise its unlawful restraint or imprisonment.
Al least, that's how I'd solve your problem before mmy second cup of coffee.
BTW - You CANNOT have them hold him in order to GET SOMETHING from another party. This then becomes a form of extortion.
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Are you talking about something where the guy's playing out a fantasy kind of thing (as in FAKE kidnapping?)
They need a contract. It should be specific and witnessed by an outside party, maybe even notarized. For the purposes of a film, maybe something taped ahead of time.
It would need dates, the details of the "attack" and everything that was supposed to happen while he was being "held". For the girls' sake, having a location rented with full disclosure to the owner would be good, but that would probably blow his illusions.
They would have to establish ahead of time who was responsible for damage to property when he was taken, etc.
His agreeing to it makes it legal - you can't "kidnap" a willing adult.
To make them safe from prosecution, should anyone notice the kidnapping or if he changes his mind and files charges, they need an agreement as mentioned above.
To make them safe from prosecution, should anyone notice the kidnapping or if he changes his mind and files charges, they need an agreement as mentioned above.
So if he wants to give them a "ransom" in exchange for his freedom, it csn't be legal? or would there be a way to do that?
If it's part of the 'game', then it should be in the contract and the payer should be in on it.
If it's 'pretend to kidnap me, then we'll tell my dad you kidnapped me, hit him up for ransom and split the money', that would be extortion and illegal. Also, if he just wants to play kidnapping victim, and the girls think of the extortion on their own, without him knowing, that's illegal, too.
If it's 'pretend to kidnap me, then we'll tell my dad you kidnapped me, hit him up for ransom and split the money', that would be extortion and illegal. Also, if he just wants to play kidnapping victim, and the girls think of the extortion on their own, without him knowing, that's illegal, too.
okay, I think I see....the payer is him. He wants to play a game in which he is being kidnapped and they beat him until he tells them where the money is.
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What you are suggesting is a contract for role-playing. Everything has to be outlined. What's allowed, what's not allowed, what the payment is, how it will be paid - it's just a performance contract.
For a contract to be legal and binding, it has to have several elements present. Offer, acceptance, consideration being three of them. Cancellation clauses are another. So it's important that the contract state how each party can cancel the contract.
For a contract to be legal and binding, it has to have several elements present. Offer, acceptance, consideration being three of them. Cancellation clauses are another. So it's important that the contract state how each party can cancel the contract.
He might also need to clear it with the authorities if it takes place in a public location. Otherwise they, or bystanders, are likely to interfere and they may be charged with wasting police time.
INAL
You're familiar with acting contracts, right? Basically this is a version of the same thing. Treat it like a nudity clause where there are very specific parameters set out.
Instead of laying out where on the body the camera is allowed to shoot, you'd need something like:
The participant is willing to be struck, but no blood should be spilled.
The performance will continue until such time as the participant ends it by revealing the location of [whatever].
(or whatever specifics he wants included.)
You're familiar with acting contracts, right? Basically this is a version of the same thing. Treat it like a nudity clause where there are very specific parameters set out.
Instead of laying out where on the body the camera is allowed to shoot, you'd need something like:
The participant is willing to be struck, but no blood should be spilled.
The performance will continue until such time as the participant ends it by revealing the location of [whatever].
(or whatever specifics he wants included.)