Kidnapping is a type of crime that involves taking a person away, imprisoning, confining, or transporting a person against their will. There are many different types of kidnapping, and the type that one is charged with will depend upon the specifics of the crime. Kidnapping is done for ransom, in child custody cases, to further another crime in some way, and more. It comes in many forms, ranging from kidnapping of children to kidnapping of government officials, and many motives have driven kidnapping cases throughout the centuries.
Kidnapping Laws
Kidnapping laws today are derived from the old English Common Laws on the subject. Different states and jurisdictions all have different laws in place for kidnaping, and as a result the precise nature of the law and the punishment can sometimes be more difficult to define. In most cases, kidnapping is defined by the different types and goals that are in place.
For example, first degree kidnapping is often considered kidnapping used to obtain ransom, interfere with political functions, terrorizing the victim, and more. Second degree kidnapping is similar, but lacks some of the more serious aspects of the crime such as intent to terrorize or harm. No matter which type of kidnapping is found to be used, felony charges are almost always placed against the suspect.
Federal laws are somewhat different, and are governed by the Lindbergh Act of 1932. Federal laws will focus more on the transportation between state lines of the individual being kidnapped. Under this law, if a victim isn’t released within 24 hours a court can assume that the victim has been taken across state lines and, as a result, federal law could apply.
Kidnapping Crimes and Charges
Due to the wildly varying nature of kidnapping in general, there are many different laws and charges that one can face.
- Parental kidnapping is a situation when a parent kidnaps their own child, often due to legal battles and custody issues. This is usually charged under a different law with a lesser sentence than other types of convictions, often averaging about 3 years in prison.
- Under federal code 18 USC Section 1201, kidnapping that is charged on the federal level is much more serious. This will usually involve the transportation of the abducted across state lines and can lead to heavy sentences of 20 years or longer.
- Kidnapping that is linked to other crimes such as extortion, robbery, or even murder will bring the strongest charges and lead to more serious penalties. These laws and charges vary between states, with even the definition of kidnapping changing from jurisdiction to jurisdiction.
- Charges often have to take Double Jeopardy laws into account. Under US law, a person can’t face multiple punishments for the same crime. This means that when a kidnapping takes place during another crime, only one of the two charges could be filed against someone. This isn’t always the case, but in some instances it may be determined that a kidnapping conviction is technically a second punishment.
Kidnapping Punishment
As mentioned above, the specific punishment a person can face as a result of kidnapping can vary depending on the specific type of charges, the jurisdiction the crime occurs in, and more. Federal crimes and first degree kidnapping charges can bring punishments of 20 years in prison or more. Lesser charges such as parental kidnapping could bring 3 years or more, but in some jurisdictions are actually considered to be misdemeanors.
Kidnapping Sentencing Guidelines
Kidnapping sentences are determined based on a point system. The base level for kidnapping, abduction, and unlawful restraint is 32, and different characteristics of the crime will increase the level. For example, the use of a dangerous weapon increases the level by 2. Ransom demands increase the level by 6. Each aspect of the crime will be used to determine the overall penalty.
Kidnapping Statute of Limitations
Due to the very serious nature of kidnapping, there is no statute of limitations associated with the crime. Charges can be filed at any time following the crime.
Kidnapping Cases
Kidnapping cases have often attracted major media attention, and are usually among the most well-known types of crimes perpetrated today. They are frequently the source for films, books, and documentaries. Among the most famous cases are:
- The Lindbergh Baby – This kidnapping involved a famous aviator, whose baby was kidnapped and murdered in 1932. The kidnapping captured national attention and led to stricter laws for kidnappers.
- Elizabeth Smart – Elizabeth smart was kidnapped at the age of 14 and subsequently found 9 months later.
- Amber Hagerman – Amber Hagerman was kidnapped in 1996 and remained missing for four days. Her body was found later, and the kidnapping led to the creation of the Amber Alert – which has led to 495 recoveries of abducted children thus far.
Kidnapping Laws By State
Kidnapping involves the unlawful seizure, confinement, or abduction of a person against their will. The specifics and penalties for kidnapping vary by state:
Under Code of Alabama Section 13A-6-43:
- Kidnapping in the first degree is a Class A felony, punishable by 10 years to life in prison and fines up to $60,000.
Under Alaska Stat. Section 11.41.300:
- Kidnapping is an unclassified felony, punishable by up to 99 years in prison and significant fines.
Under A.R.S. Section 13-1304:
- Kidnapping is a Class 2 felony, punishable by up to 12.5 years in prison. Aggravated circumstances can lead to a life sentence.
Under Ark. Code Ann. Section 5-11-102:
- Kidnapping is a Class Y felony, punishable by 10 to 40 years or life in prison.
Under California Penal Code Section 207:
- Kidnapping can be punishable by 3, 5, or 8 years in state prison. Aggravated kidnapping can result in life imprisonment without parole.
Under Colo. Rev. Stat. Section 18-3-301:
- First-degree kidnapping is a Class 1 felony, punishable by life imprisonment or the death penalty in extreme cases.
Under Connecticut General Statutes Section 53a-92:
- Kidnapping in the first degree is a Class A felony, punishable by 10 to 25 years in prison and fines up to $20,000.
Under Title 11, Section 783A:
- First-degree kidnapping is a Class B felony, punishable by 2 to 25 years in prison.
Under Florida Statutes Section 787.01:
- Kidnapping is a first-degree felony, punishable by up to life in prison and fines up to $15,000.
Under Georgia Code Section 16-5-40:
- Kidnapping is punishable by 10 to 20 years in prison, or life imprisonment if the victim is under 14 years old or if there are aggravating factors.
Under Hawaii Revised Statutes Section 707-720:
- Kidnapping is a Class A felony, punishable by up to 20 years in prison.
Under Idaho Code Section 18-4501:
- First-degree kidnapping is punishable by life imprisonment or the death penalty in extreme cases.
Under Illinois Compiled Statutes 720 ILCS 5/10-1:
- Kidnapping is a Class 2 felony, punishable by 3 to 7 years in prison. Aggravated kidnapping is a Class X felony, punishable by 6 to 30 years in prison.
Under Indiana Code Section 35-42-3-2:
- Kidnapping is a Level 2 felony, punishable by 10 to 30 years in prison.
Under Iowa Code Section 710.2:
- Kidnapping in the first degree is a Class A felony, punishable by life imprisonment without the possibility of parole.
Under Kansas Statutes Section 21-5408:
- Aggravated kidnapping is a severity level 1 person felony, punishable by up to 653 months (54 years) in prison.
Under Kentucky Revised Statutes Section 509.040:
- Kidnapping is a Class B felony, punishable by 10 to 20 years in prison. If the victim is released unharmed, it is a Class C felony, punishable by 5 to 10 years in prison.
Under Louisiana Revised Statutes Section 14:44:
- Aggravated kidnapping is punishable by life imprisonment without the possibility of parole.
Under Maine Revised Statutes Title 17-A, Section 301:
- Kidnapping is a Class A crime, punishable by up to 30 years in prison and fines up to $50,000.
Under Maryland Code Section 3-502:
- Kidnapping is a felony, punishable by up to 30 years in prison.
Under Massachusetts General Laws Chapter 265, Section 26:
- Kidnapping is punishable by up to 10 years in state prison or up to 2.5 years in a county jail.
Under Michigan Compiled Laws Section 750.349:
- Kidnapping is a felony, punishable by up to life imprisonment or any term of years.
Under Minnesota Statutes Section 609.25:
- Kidnapping is punishable by up to 20 years in prison and fines up to $35,000.
Under Mississippi Code Section 97-3-53:
- Kidnapping is punishable by up to 30 years in prison or life imprisonment if the victim is a minor.
Under Missouri Revised Statutes Section 565.110:
- First-degree kidnapping is a Class A felony, punishable by 10 years to life in prison.
Under Montana Code Annotated Section 45-5-302:
- Aggravated kidnapping is punishable by up to life imprisonment or death penalty in extreme cases.
Under Nebraska Revised Statutes Section 28-313:
- Kidnapping is a Class IA felony, punishable by life imprisonment.
Under Nevada Revised Statutes Section 200.310:
- First-degree kidnapping is punishable by life imprisonment with the possibility of parole after 5 years.
Under New Hampshire Revised Statutes Section 633:1:
- Kidnapping is a Class A felony, punishable by 7.5 to 15 years in prison.
Under New Jersey Statutes Section 2C:13-1:
- Kidnapping is a first-degree crime, punishable by 15 to 30 years in prison. If the victim is released unharmed, it is a second-degree crime, punishable by 5 to 10 years in prison.
Under New Mexico Statutes Section 30-4-1:
- Kidnapping is a first-degree felony, punishable by up to 18 years in prison if the victim is released in a safe place, or life imprisonment if the victim is not released.
Under New York Penal Law Section 135.25:
- First-degree kidnapping is a Class A-I felony, punishable by 15 to 25 years to life in prison.
Under North Carolina General Statutes Section 14-39:
- First-degree kidnapping is a Class C felony, punishable by up to 231 months (19 years) in prison.
Under North Dakota Century Code Section 12.1-18-01:
- Kidnapping is a Class A felony, punishable by up to 20 years in prison and fines up to $20,000.
Under Ohio Revised Code Section 2905.01:
- Kidnapping is a first-degree felony, punishable by 3 to 11 years in prison and fines up to $20,000.
Under Oklahoma Statutes Section 21-741:
- Kidnapping is a felony, punishable by up to 20 years in prison.
Under Oregon Revised Statutes Section 163.235:
- First-degree kidnapping is a Class A felony, punishable by up to 20 years in prison and fines up to $375,000.
Under Pennsylvania Consolidated Statutes Section 2901:
- Kidnapping is a first-degree felony, punishable by up to 20 years in prison.
Under Rhode Island General Laws Section 11-26-1:
- Kidnapping is a felony, punishable by up to 20 years in prison and fines up to $20,000.
Under South Carolina Code Section 16-3-910:
- Kidnapping is a felony, punishable by up to 30 years in prison.
Under South Dakota Codified Laws Section 22-19-1:
- First-degree kidnapping is a Class C felony, punishable by up to life imprisonment and fines up to $50,000.
Under Tennessee Code Annotated Section 39-13-303:
- Kidnapping is a Class C felony, punishable by 3 to 15 years in prison and fines up to $10,000.
Under Texas Penal Code Section 20.03:
- Kidnapping is a third-degree felony, punishable by 2 to 10 years in prison and fines up to $10,000.
Under Utah Code Section 76-5-301:
- Kidnapping is a second-degree felony, punishable by 1 to 15 years in prison and fines up to $10,000.
Under Vermont Statutes Title 13, Section 2405:
- Kidnapping is punishable by up to life imprisonment if the victim is a minor, or up to 25 years if the victim is an adult.
Under Virginia Code Section 18.2-47:
- Kidnapping is a Class 5 felony, punishable by 1 to 10 years in prison.
Under Revised Code of Washington Section 9A.40.020:
- First-degree kidnapping is a Class A felony, punishable by up to life imprisonment and fines up to $50,000.
Under West Virginia Code Section 61-2-14:
- Kidnapping is a felony, punishable by up to life imprisonment with parole eligibility after 15 years.
Under Wisconsin Statutes Section 940.31:
- Kidnapping is a Class C felony, punishable by up to 40 years in prison and fines up to $100,000.
Under Wyoming Statutes Section 6-2-201:
- Kidnapping is a felony, punishable by up to 20 years in prison if the victim is released unharmed, or life imprisonment if the victim is harmed.