Kidnapping

A person is guilty of First Degree Kidnapping if he willfully:

• seizes,
• confines,
• entices,
• decoys,
• abducts,
• conceals,
• kidnaps, or
• carries away a person by any means whatsoever,

​
with the intent to hold or detain, or who holds or detains a person for the purpose of:

• ransom,
• reward,
• to commit sexual assault,
• extortion,
• robbery,
• killing or inflicting substantial bodily harm upon the person, or
• to exact money or valuable things for the return or disposition of the kidnapped person.

When minors are the alleged victims, a person is guilty of first degree kidnapping if he willfully:

• ​leads,
• takes,
• entices, or
• carries away or detains any minor,

with the intent to:

• keep,
• imprison,
• confine,
• with the intent to hold the minor to unlawful service, or

perpetrate any unlawful act.

A person is guilty of Second Degree Kidnapping if he willfully and without authorization of law:

• seizes,
• takes,
• carries away, or
• kidnaps another person,

with the intent to:

• keep the person secretly imprisoned,
• for the purpose of conveying the person out of state without authority of law, or
• detain against the person’s will.

Kidnapping in the First Degree:

Kidnapping in the First Degree is a Category A Felony. The penalty for such a crime is dependent on whether the victim received substantial bodily harm in the kidnapping, holding or escape from the kidnapper.

Kidnapping in the First Degree with Substantial Bodily Harm:

• Life without the possibility of parole;
• Life with the possibility of parole with eligibility for parole after 15 years; or
• A definite term of 40 years with eligibility for parole after 15 years.

Kidnapping in the First Degree without Substantial Bodily Harm:

• Life with eligibility for parole after 5, or
• A definite term of 15 years, with eligibility for parole after 5 years.

Kidnapping in the Second Degree:

Kidnapping in the Second Degree is a Category B Felony which is punishable by:

• ​2 to 15 years in prison, and
• A fine up to $15,000.

The Victim was Not Physically Moved

If the victim was not physically moved during an incident, the lesser charge of false imprisonment should apply. This serves as a defense to the serious charge of kidnapping.

Consent

If the alleged victim is old enough to consent, had the ability to consent, and gave consent, then there was no kidnapping.