Kidnapping Laws by State (2026)
How each state handles kidnapping and the penalties, from each state's code.
| State | Kidnapping |
|---|---|
| Alabama | Kidnapping (abducting someone) is graded in two degrees. First-degree kidnapping, abducting a person to hold them for ransom, use them as a shield or hostage, commit a felony, injure or sexually abuse them, terrorize them or someone else, or interfere with a government function, is a Class A felony (10 to 99 years or life). Second-degree kidnapping, abducting someone using or intending to use deception or force, is a Class B felony (2 to 20 years). Holding someone against their will without abduction is unlawful imprisonment: first degree (restraint that exposes the person to a risk of serious physical injury) is a Class A misdemeanor (up to 1 year), and second degree is a Class C misdemeanor (up to 3 months). Ala. Code 1975 §§ 13A-6-41, 13A-6-42, 13A-6-43, 13A-6-44; §§ 13A-5-6, 13A-5-7 |
| Alaska | Kidnapping means restraining someone in order to hold them for ransom, use them as a shield or hostage, injure or sexually assault them, terrorize them or another person, interfere with a government function, or help commit a felony or escape, or restraining them by hiding them where they are unlikely to be found or in a way that exposes them to a substantial risk of serious physical injury. Kidnapping is an unclassified felony with a sentence of 5 to 99 years. It is reduced to a class A felony (up to 20 years) if the defendant voluntarily released the victim alive in a safe place before arrest or within 24 hours after arrest, without seriously injuring or sexually assaulting them. A relative who takes a child or incompetent person from the lawful custodian commits custodial interference: a class A misdemeanor (up to 1 year), or a class C felony (up to 5 years) if the person is taken or kept out of state. AS 11.41.300, 11.41.320, 11.41.330, 12.55.125(b); AS 12.55.035, 12.55.125, 12.55.135 |
| Arizona | Kidnapping is knowingly restraining someone in order to hold them for ransom, as a shield or hostage, or for involuntary servitude; to kill, injure or sexually assault them or help commit a felony; to put someone in reasonable fear of imminent injury; to interfere with a government function; or to seize a plane, bus, ship or other vehicle. It is a class 2 felony (first-offense range 3 to 12.5 years), with longer sentences under the dangerous-crimes-against-children law when the victim is under 15. It drops to a class 4 felony if the kidnapper voluntarily releases the victim unharmed in a safe place before arrest, and a class 3 felony if the release is under an agreement with the state without injury. Unlawful imprisonment (knowingly restraining another person) is a class 6 felony, or a class 1 misdemeanor if the victim is voluntarily released unharmed in a safe place before arrest. A.R.S. §§ 13-1304, 13-1303, 13-702(D), 13-705 |
| Arkansas | Kidnapping is restraining someone without consent so as to substantially interfere with their liberty, in order to hold them for ransom, use them as a shield or hostage, help commit a felony or escape, injure them, engage in sexual conduct, terrorize them or someone else, or interfere with a government function. It is a Class Y felony (10 to 40 years or life), reduced to a Class B felony (5 to 20 years) if the defendant proves the victim was voluntarily released alive and in a safe place before trial. False imprisonment (knowingly restraining someone without consent or legal authority) is a Class C felony (3 to 10 years) in the first degree, when it exposes the person to a substantial risk of serious physical injury, and a Class A misdemeanor (up to 1 year) in the second degree. Ark. Code §§ 5-11-102, 5-11-103, 5-11-104; §§ 5-4-201, 5-4-401 |
| California | Kidnapping (moving someone by force or fear into another place) is a felony punished by 3, 5 or 8 years in state prison, or 5, 8 or 11 years if the victim is under 14. Kidnapping for ransom, reward or extortion is punished by life without parole if the victim dies, suffers bodily harm or is exposed to a substantial likelihood of death, and otherwise by life with the possibility of parole; kidnapping to commit robbery, rape or certain other sex crimes is life with the possibility of parole. Holding someone against their will without moving them is false imprisonment: up to 1 year in county jail and/or a $1,000 fine, but if done by violence, menace, fraud or deceit it is punishable as a felony under Pen. Code 1170(h) (16 months, 2 or 3 years in county jail). Cal. Pen. Code 207, 208, 209, 236, 237; Pen. Code 17, 18, 19, 1170(h) |
| Colorado | First-degree kidnapping is seizing, luring or imprisoning someone to force a concession or ransom for their release. It is a class 1 felony (life) if the victim suffered bodily injury, and a class 2 felony (8 to 24 years) if the victim was freed unharmed before conviction. Second-degree kidnapping (knowingly moving someone without consent in a way that increases their risk of harm, or taking a child to hide from a parent or to sell) is a class 4 felony (2 to 6 years); it is a class 3 felony (4 to 12 years) if done to sell the victim or with a real or claimed deadly weapon, and a class 2 felony if the victim was also sexually assaulted or robbed or if it involved a child. False imprisonment (knowingly confining someone without consent or legal authority) is a class 2 misdemeanor (up to 120 days), but a class 5 felony (1 to 3 years) if force or threats are used and the confinement lasts 12 hours or more, or for certain cruel confinement of children. C.R.S. §§ 18-3-301, 18-3-302, 18-3-303; §§ 18-1.3-401, 18-1.3-501 |
| Connecticut | Kidnapping in the first degree (abducting someone to get a ransom, to injure or sexually abuse them, to help commit a felony, to terrorize, or to interfere with a government function) is a class A felony (10 to 25 years, up to a $20,000 fine); doing it with a firearm is a separate class A felony. Kidnapping in the second degree (any abduction) is a class B felony (1 to 20 years, up to $15,000), and three years of the sentence cannot be suspended or reduced; the same applies to second-degree kidnapping with a firearm. Unlawful restraint (holding someone against their will) is a class D felony (up to 5 years) in the first degree, when it exposes the person to a substantial risk of physical injury, and a class A misdemeanor (up to 1 year) in the second degree. Conn. Gen. Stat. §§ 53a-91, 53a-92, 53a-92a, 53a-94, 53a-94a, 53a-95, 53a-96; §§ 53a-35a, 53a-36, 53a-41 |
| Delaware | Kidnapping (unlawfully restraining someone to hold them for ransom, use them as a shield or hostage, help commit a felony or escape, injure or sexually abuse them, terrorize them or someone else, or take a child under 18 from a parent or lawful custodian) is graded by how it ends. It is kidnapping in the first degree, a class B felony (2 to 25 years), unless the person voluntarily releases the victim alive, unharmed and in a safe place before trial, in which case it is kidnapping in the second degree, a class C felony (up to 15 years). Unlawful imprisonment (knowingly and unlawfully restraining someone) is a class A misdemeanor (up to 1 year) in the second degree and a class G felony (up to 2 years) in the first degree, when it exposes the victim to a risk of serious physical injury. 11 Del. C. §§ 781, 782, 783, 783A, 786; 11 Del. C. §§ 4205, 4206 |
| District of Columbia | Kidnapping (seizing, confining or carrying away a person and holding them, or intending to hold them, for ransom, reward or any other reason) is punishable by up to 30 years in prison and a fine of up to $75,000. A parent taking their own minor child is excluded. Committing it while armed adds the penalties of the D.C. armed-offense enhancement. D.C. Code §§ 22-2001, 22-3571.01, 22-4502 |
| Florida | Kidnapping (forcibly, secretly or by threat confining, abducting or imprisoning someone against their will to hold them for ransom or as a shield or hostage, to commit a felony, to harm or terrorize them, or to interfere with a government function) is a first-degree felony punishable by up to life in prison. Kidnapping a child under 13 while also committing aggravated child abuse, a sexual offense, exploitation or human trafficking against the child is a life felony. False imprisonment (confining or restraining someone against their will without legal authority) is a third-degree felony (up to 5 years), or a first-degree felony (up to life) when committed against a child under 13 with one of those aggravating offenses. Confining a child under 13 without a parent's or guardian's consent counts as against the child's will. Fla. Stat. §§ 787.01, 787.02; §§ 775.082, 775.083 |
| Georgia | Kidnapping (abducting or stealing away a person without legal authority and holding them against their will) is punished by 10 to 20 years in prison when the victim is 14 or older; by life, or a split sentence of at least 25 years followed by probation for life, when the victim is under 14; and by life imprisonment or death when the kidnapping was for ransom or the victim was injured. False imprisonment (arresting, confining or detaining someone without legal authority) is a felony punishable by 1 to 10 years, with additional sentencing rules when the victim is under 14 and not the defendant's child. O.C.G.A. §§ 16-5-40, 16-5-41 |
| Hawaii | Kidnapping (intentionally or knowingly restraining someone to hold them for ransom or as a shield or hostage, to commit a felony, to injure them, to terrorize them or someone else, to interfere with a government function, or to obtain their labor or services) is a class A felony (20 years). It is reduced to a class B felony (10 years) if the defendant voluntarily released the victim alive, without serious or substantial injury, in a safe place before trial. Unlawful imprisonment in the first degree (restraining someone in circumstances that expose them to a risk of serious bodily injury) is a class C felony (5 years), and unlawful imprisonment in the second degree (any knowing restraint) is a misdemeanor (up to 1 year). HRS §§ 707-720, 707-721, 707-722; §§ 706-659, 706-660, 706-663 |
| Idaho | Kidnapping is wilfully seizing, confining or carrying off a person to secretly hold them or keep them against their will, taking or hiding a child under 16 from a custodial parent, or seizing someone to extort money or ransom. It is first-degree kidnapping when done for ransom or value, or to rape, seriously injure, or commit a lewd act on a child under 16; the punishment is death or life in prison (death requires the prosecutor's written notice and is not allowed if the victim was freed unharmed before sentencing). Every other kidnapping is second-degree kidnapping, punishable by 1 to 25 years in state prison. False imprisonment (unlawfully violating another's personal liberty) is a misdemeanor punishable by up to 1 year in county jail, a fine up to $5,000, or both. Idaho Code §§ 18-4501, 18-4502, 18-4503, 18-4504, 18-2901, 18-2902 |
| Illinois | Kidnapping means knowingly and secretly confining someone against their will, or moving them by force, threat, deceit or enticement with intent to secretly confine them; confining a child under 13 or a person with a severe or profound intellectual disability without a parent's or guardian's consent counts as against their will. Kidnapping is a Class 2 felony (3 to 7 years). Aggravated kidnaping (kidnapping for ransom, of a child under 13, with great bodily harm or another felony, while masked, or while armed) is a Class X felony (6 to 30 years); being armed with a firearm adds 15 years, discharging one adds 20 years, and causing great bodily harm or death by discharging one adds 25 years to life. An adult's second aggravated kidnaping conviction carries natural life. Unlawful restraint (knowingly detaining someone without legal authority) is a Class 4 felony (1 to 3 years), and aggravated unlawful restraint (using a deadly weapon) is a Class 3 felony (2 to 5 years). 720 ILCS 5/10-1, 5/10-2, 5/10-3, 5/10-3.1; 730 ILCS 5/5-4.5-25 to -65 |
| Indiana | Kidnapping is knowingly or intentionally moving another person from one place to another by fraud, enticement, force or threat of force. It is a Level 6 felony (6 months to 2 1/2 years), rising to Level 5 (1 to 6 years) if the victim is under 14 and not the person's child, a vehicle is used, or it causes bodily injury; Level 4 (2 to 12 years) for moderate bodily injury; Level 3 (3 to 16 years) if armed with a deadly weapon, causing serious bodily injury, or on an aircraft; and Level 2 (10 to 30 years) if done for ransom, while hijacking a vehicle, to free someone from lawful custody, or to use the victim as a shield or hostage. Criminal confinement (knowingly confining someone without consent) has the same Level 6 to Level 2 grades. IC 35-42-3-2, 35-42-3-3; IC 35-50-2-4 to -7, 35-50-3-2 to -4 |
| Iowa | Kidnapping is confining a person or moving them from one place to another without authority or consent, with intent to hold them for ransom, use them as a shield or hostage, seriously injure or sexually abuse them, secretly confine them, or interfere with a government function. First-degree kidnapping (the victim suffers serious injury or is intentionally tortured or sexually abused) is a class A felony: life in prison without parole unless the governor commutes the sentence. Second-degree kidnapping (for ransom, while armed with a dangerous weapon, or with a victim under 18, other than a parent taking custody) is a class B felony (up to 25 years); all other kidnapping is third degree, a class C felony (up to 10 years and a fine of $1,370 to $13,660). False imprisonment (intentionally confining someone against their will by force, threat or deception without any reasonable belief of authority) is a serious misdemeanor (up to 1 year and a fine of $430 to $2,560). Iowa Code §§ 710.1, 710.2, 710.3, 710.4, 710.7, 902.1, 902.9, 903.1 |
| Kansas | Kidnapping is taking or confining a person by force, threat or deception, intending to hold them for ransom or as a shield or hostage, to help commit a crime or escape, to injure or terrorize the victim or someone else, or to interfere with a government or political function. Kidnapping is a severity level 3 person felony, and aggravated kidnapping (kidnapping in which bodily harm is inflicted on the victim) is a severity level 1 person felony, the highest level on the nondrug grid (147 to 653 months depending on criminal history). Criminal restraint (knowingly and without legal authority restraining someone so as to substantially interfere with their liberty) is a class A person misdemeanor, punishable by up to 1 year in jail and a fine up to $2,500. Felony prison ranges come from the sentencing grid, which combines the severity level with criminal history. K.S.A. 21-5408, 21-5411, 21-6804, 21-6602, 21-6611 |
| Kentucky | Kidnapping is unlawfully restraining someone with intent to hold them for ransom or reward, to commit or advance a felony, to injure or terrorize the victim or another, to interfere with a government or political function, to use them as a shield or hostage, or (for a non-custodian) to take a minor from parents or guardians. It is a Class B felony (10 to 20 years) if the victim is released alive in a safe place before trial; a Class A felony (20 to 50 years or life) if the victim suffered serious physical injury or was not released safely; and a capital offense if the victim is not released alive or later dies from injuries or from not being released safely. Unlawful imprisonment in the first degree (knowingly restraining someone in circumstances exposing them to a risk of serious physical injury) is a Class D felony (1 to 5 years); second-degree unlawful imprisonment is a Class A misdemeanor (up to 12 months). KRS 509.040, 509.020, 509.030, 532.060, 532.090 |
| Louisiana | Aggravated kidnapping (seizing, enticing or imprisoning someone to force a ransom or other benefit for their release) is punished by life imprisonment at hard labor without parole, probation or suspension of sentence. Second degree kidnapping (a kidnapping where the victim is used as a shield or hostage or to help commit a felony, is injured or sexually abused, is held 72 hours or more, or the offender is armed) carries 5 to 40 years at hard labor, at least two years without parole, probation or suspension. Simple kidnapping carries up to 5 years with or without hard labor, a fine up to $5,000, or both. False imprisonment (unlawfully confining or detaining someone) carries up to six months, a fine up to $200, or both, and up to 10 years with or without hard labor if the offender is armed with a dangerous weapon. La. R.S. 14:44, 14:44.1, 14:44.2, 14:45, 14:46, 14:46.1 |
| Maine | Kidnapping is knowingly restraining someone (substantially restricting their movement by removal, moving them a substantial distance, or confining them for a substantial period) to hold them for ransom, use them as a shield or hostage, injure them, sexually assault them, terrorize them, or help commit another crime, or restraining them in a way that exposes them to risk of serious injury or by hiding them where they are unlikely to be found. It is a Class A crime (up to 30 years and $50,000), reduced to Class B (up to 10 years) if the defendant voluntarily released the victim alive, without serious injury, in a safe place before trial. The lesser crime of criminal restraint (knowingly restraining someone, or taking or enticing a child under 14 or an incompetent person without legal right) is a Class D crime (less than 1 year), and Class C (up to 5 years) when the child is under 8. 17-A M.R.S. §§ 301, 302; 17-A M.R.S. §§ 1604(1), 1704 |
| Maryland | Kidnapping (by force or fraud carrying, or causing someone to be carried, inside or outside Maryland intending to carry or conceal them) is a felony punishable by up to 30 years; it does not include a parent carrying off their own minor child. Child kidnapping (forcibly taking, enticing away without a parent's consent, or hiding a child under 12 from the parent or guardian) is a felony with up to 20 years. Kidnapping a child under 16 by force or fraud, by someone other than a parent, is a felony with up to 30 years, or up to life without parole if the person is also convicted of rape or a first degree sexual offense in the same case and the State gave 30 days' written notice. Md. Code, Crim. Law §§ 3-502, 3-503 |
| Massachusetts | Kidnapping (without lawful authority forcibly or secretly confining or imprisoning someone, or forcibly carrying them out of the state or seizing them, intending to hold them secretly or against their will) is punished by up to 10 years in state prison, or up to 2 years in jail plus a fine up to $1,000. Kidnapping to extort money or something of value carries life or any term of years; kidnapping while armed with a firearm carries at least 10 years in state prison (or up to 2½ years in a house of correction), and at least 20 years if also for ransom. Kidnapping while armed with a dangerous weapon that causes serious bodily injury, or with a sexual assault, carries at least 25 years. Kidnapping a child under 16 carries up to 15 years, but this and the firearm provision do not apply to a parent taking custody of their own child. Mass. G.L. c. 265, § 26 |
| Michigan | Kidnapping is knowingly restraining another person (restricting their movement or confining them without consent or legal authority, for any length of time) with intent to hold them for ransom or reward, use them as a shield or hostage, engage in sexual misconduct, take them out of Michigan, hold them in involuntary servitude, or involve a minor in child sexually abusive activity. It is a felony punishable by life or any term of years, a fine up to $50,000, or both. Unlawful imprisonment (knowingly restraining someone using a weapon or dangerous instrument, by secretly confining them, or to help commit another felony or escape after one) is a felony with up to 15 years and/or a $20,000 fine. MCL 750.349, 750.349b |
| Minnesota | Kidnapping is confining or moving a person without consent (or, for a child under 16, without a parent's or custodian's consent) to hold them for ransom or as a shield or hostage, to help commit a felony or escape, to cause great bodily harm or terrorize them or another, or to hold them in involuntary servitude. If the victim is released in a safe place without great bodily harm, the maximum is 20 years and/or a $35,000 fine; if the victim is not released safely, suffers great bodily harm, or is under 16, the maximum is 40 years and/or $50,000. False imprisonment (knowingly and intentionally confining or restraining a person without consent and without lawful authority) carries up to 3 years and/or $5,000. Minn. Stat. §§ 609.25, 609.255 |
| Mississippi | Kidnapping (forcibly seizing and confining someone without lawful authority, or luring or kidnapping someone intending to have them confined against their will) is a felony. Seizing, luring or kidnapping a child under 16 or a 'vulnerable person' against the will of the parent, guardian or custodian is also covered. If the jury fixes the penalty, the sentence is life imprisonment; if the jury does not agree on life, the court sets a term of not less than 1 year nor more than 30 years. Mississippi does not grade felonies into classes; each statute sets its own penalty (Miss. Code Ann. § 1-3-11). Miss. Code Ann. §§ 97-3-53, 1-3-11 |
| Missouri | Missouri has three degrees of kidnapping. First-degree kidnapping (unlawfully moving or confining someone for a substantial period to hold them for ransom, use them as a shield or hostage, interfere with government, or to commit a felony or injure or terrorize them) is a class A felony (10 to 30 years or life), or a class B felony (5 to 15 years) when done to commit a felony or to injure or terrorize. Second-degree kidnapping (restraint that exposes the person to a substantial risk of serious physical injury) is a class D felony (up to 7 years). Third-degree kidnapping (unlawful restraint that substantially interferes with liberty) is a class A misdemeanor (up to 1 year), or a class E felony (up to 4 years) if the person is taken out of state. Child kidnapping (a non-relative taking or confining a child under 14 without parental consent) is a class A felony. RSMo §§ 565.110, 565.115, 565.120, 565.130, 558.011 |
| Montana | Montana has three restraint offenses; each statute sets its own penalty because Montana does not use felony classes. Unlawful restraint (knowingly restraining someone so as to substantially interfere with their liberty) is punishable by up to 6 months in county jail and/or a $500 fine. Kidnapping (restraining someone by hiding or isolating them or by force or threat of force) carries 2 to 10 years in state prison and a fine up to $50,000. Aggravated kidnapping (kidnapping for ransom, as a shield or hostage, to commit a felony, to injure or terrorize, to interfere with government, or for involuntary servitude) is punishable by death or life, or 2 to 100 years, and a fine up to $50,000; if the victim is released alive, in a safe place and without serious injury, the range is 2 to 10 years. MCA 45-5-301, 45-5-302, 45-5-303 |
| Nebraska | Kidnapping (abducting someone, or continuing to restrain them, to hold for ransom, use as a shield or hostage, terrorize, commit a felony, or interfere with government) is a Class IA felony (life imprisonment). If the victim was voluntarily released alive in a safe place without serious bodily injury before trial, it is a Class II felony (1 to 50 years). False imprisonment in the first degree (restraint under terrorizing circumstances, with risk of serious bodily injury, or to hold someone in involuntary servitude) is a Class IIIA felony (up to 3 years plus 18 months of post-release supervision, and/or a $10,000 fine). False imprisonment in the second degree (knowingly restraining someone without legal authority) is a Class I misdemeanor (up to 1 year and/or $1,000). Neb. Rev. Stat. §§ 28-313, 28-314, 28-315, 28-105, 28-106 |
| Nevada | First-degree kidnapping (seizing, confining or carrying away a person for ransom, sexual assault, robbery, to kill or cause substantial bodily harm, or taking a minor from lawful custody) is a category A felony: with substantial bodily harm, life without parole, life with parole after 15 years, or a definite 40 years with parole after 15; without it, life with parole after 5 years or a definite 15 years with parole after 5. Second-degree kidnapping (seizing someone to secretly imprison them in Nevada, take them out of state, or hold them in service against their will) is a category B felony with 2 to 15 years and a fine up to $15,000. False imprisonment (unlawfully confining or detaining someone) is a gross misdemeanor (up to 364 days and/or $2,000) and the offender must pay the victim's damages; it is a category B felony (1 to 6 years) with a deadly weapon, and 1 to 15 years if the victim is used as a shield or to avoid arrest. NRS 200.310, 200.320, 200.330, 200.460; NRS 193.130, 193.140, 193.150 |
| New Hampshire | Kidnapping (knowingly confining someone to hold them for ransom or as a hostage, avoid arrest, terrorize them or someone else, or commit an offense against them, or taking or hiding an unrelated child under 18 from the parent or custodian) is a class A felony (up to 15 years), or a class B felony (up to 7 years) if the victim is voluntarily released unhurt in a safe place before trial. Criminal restraint (unlawfully confining someone in circumstances exposing them to risk of serious bodily injury) is a class B felony. False imprisonment (unlawfully confining someone so as to substantially interfere with their movement) is a misdemeanor. RSA 633:1, 633:2, 633:3, 651:2 |
| New Jersey | Kidnapping (unlawfully moving or confining someone to hold them for ransom, as a shield or hostage, or for purposes such as committing a crime, hurting or terrorizing the victim, or taking a child from a custodial parent) is a crime of the first degree with a special range of 15 to 30 years; it drops to second degree (5-10 years) if the victim is released unharmed in a safe place before arrest. If the victim is under 16 and is sexually assaulted, abused, or sold during the kidnapping, the term is 25 years without parole up to life (25 years before parole). Criminal restraint (unlawful restraint exposing the victim to risk of serious injury, or holding someone in involuntary servitude) is a third-degree crime (3-5 years). False imprisonment (knowingly restraining someone so as to substantially interfere with their liberty) is a disorderly persons offense (up to 6 months). N.J.S. 2C:13-1, 2C:13-2, 2C:13-3; N.J.S. 2C:43-6 |
| New Mexico | Kidnapping is unlawfully taking, restraining, transporting or confining a person by force, intimidation or deception with intent to hold them for ransom, as a hostage or shield, or to inflict death, physical injury or a sexual offense on them, among the listed purposes. It is a first degree felony (basic sentence 18 years), reduced to a second degree felony (9 years) when the kidnapper voluntarily frees the victim in a safe place without inflicting physical injury or a sexual offense. False imprisonment (intentionally confining or restraining someone without consent, knowing there is no lawful authority to do so) is a fourth degree felony (18 months). Custodial interference with a child, by a parent or by someone with no custody right, is also a fourth degree felony. NMSA 1978, 30-4-1, 30-4-3, 30-4-4; NMSA 1978, 31-18-15, 31-19-1 |
| New York | Kidnapping in the first degree (abducting someone to get ransom or force another person to act, holding them more than 12 hours to injure, sexually abuse, terrorize or advance a felony, or when the victim dies during the abduction) is a class A-I felony (life maximum; minimum of 15 to 25 years). Kidnapping in the second degree (abducting another person) is a class B felony (up to 25 years). Unlawful imprisonment in the first degree (restraining someone in circumstances exposing them to risk of serious physical injury) is a class E felony (up to 4 years), and unlawful imprisonment in the second degree (restraining another person) is a class A misdemeanor (up to 364 days). N.Y. Penal Law 135.25, 135.20, 135.10, 135.05; 70.00 |
| North Carolina | Kidnapping (unlawfully confining, restraining or moving a person without consent, or without a parent's consent for a child under 16, for ransom, as a hostage or shield, to commit a felony or escape, to seriously injure or terrorize, or for trafficking, forced labor or sexual servitude) is first-degree kidnapping, a Class C felony, if the victim was not released in a safe place or was seriously injured or sexually assaulted; otherwise it is second-degree kidnapping, a Class E felony. Felonious restraint (unlawfully restraining someone and moving them by car or other conveyance) is a Class F felony and is a lesser included offense of kidnapping. N.C. Gen. Stat. 14-39, 14-43.3 |
| North Dakota | Kidnapping (abducting someone, or continuing to restrain an abducted person, to hold them for ransom, as a shield or hostage, in involuntary servitude, to terrorize them, to commit a felony, or to interfere with a government function) is a class A felony (up to 20 years), reduced to a class B felony (up to 10 years) if the person voluntarily releases the victim alive and in a safe place before trial. Felonious restraint (knowingly abducting someone, restraining them under terrorizing circumstances or risk of serious injury, or to hold them in servitude) is a class C felony (up to 5 years). Unlawful imprisonment (knowingly subjecting someone to unlawful restraint) is a class A misdemeanor (up to 360 days), with a defense for a parent restraining their minor child. N.D.C.C. 12.1-18-01, 12.1-18-02, 12.1-18-03; 12.1-32-01 |
| Ohio | Kidnapping (by force, threat or deception, or by any means for a victim under 13 or mentally incompetent, removing or restraining someone to hold them for ransom or as a shield or hostage, to commit a felony, to terrorize or seriously harm them, for sexual activity, to obstruct government, or to hold them in involuntary servitude, or doing so under circumstances creating a substantial risk of serious physical harm) is a first-degree felony; it is a second-degree felony if the offender releases the victim in a safe place unharmed. If the victim is under 13 and a sexual motivation specification is proven, the sentence is 15 years to life (10 years to life if released unharmed). Abduction (removing or restraining someone by force or threat in circumstances risking harm or causing fear) is a third-degree felony, or second degree when holding someone in involuntary servitude. Unlawful restraint (knowingly restraining someone without privilege) is a third-degree misdemeanor. R.C. 2905.01, 2905.02, 2905.03 |
| Oklahoma | Kidnapping (seizing, confining, luring or carrying someone away without lawful authority, intending to hold them against their will, send them out of the state, or hold them to service) is a Class B2 felony punishable by up to 20 years in prison. Consent is not a defense unless the person was over 12 and the consent was not obtained by threat or duress. Kidnapping to extort money or anything of value is a Class A1 felony punishable by death or at least 10 years in prison, and knowingly helping handle the ransom is a Class A2 felony (at least 5 years). Oklahoma's kidnapping statute itself covers unlawful confinement; no separate false-imprisonment offense was cited here. 21 O.S. §§ 741, 745 |
| Oregon | Kidnapping in the second degree is taking a person from one place to another, or secretly confining them where they are unlikely to be found, without consent or legal authority and intending to substantially interfere with their liberty; it is a Class B felony (up to 10 years). It becomes kidnapping in the first degree, a Class A felony (up to 20 years), when done for ransom, to hold the victim as a shield or hostage, to injure or terrorize the victim or someone else, or to further certain sex crimes. A relative who takes a child under 16 solely to assume control of the child has a defense to second-degree kidnapping. ORS 163.225, 163.235; ORS 161.605 |
| Pennsylvania | Kidnapping (unlawfully moving someone a substantial distance, or confining them for a substantial period in an isolated place, by force, threat or deception, to hold them for ransom or as a shield or hostage, to commit a felony, to injure or terrorize them, or to interfere with a government function) is a felony of the first degree (up to 20 years and $25,000), whether the victim is an adult or a minor; for a child under 14, taking the child without a parent's or guardian's consent can make it unlawful. Unlawful restraint (restraining someone in circumstances exposing them to risk of serious bodily injury, or holding them in involuntary servitude) is a first-degree misdemeanor, and false imprisonment (restraining someone so as to substantially interfere with their liberty) is a second-degree misdemeanor; both become second-degree felonies (up to 10 years) when the victim is under 18. 18 Pa.C.S. §§ 2901, 2902, 2903; 18 Pa.C.S. §§ 1103, 1104 |
| Rhode Island | Kidnapping (without lawful authority forcibly or secretly confining or imprisoning someone against their will, forcibly carrying or sending them out of state, or seizing or luring someone intending to secretly confine them or send them away) is a felony punishable by up to 20 years in prison. Kidnapping a child under 16 (including with intent to sexually assault or abuse the child) is punishable by life or any term of at least 20 years, and kidnapping with intent to extort money or something of value by life or at least 5 years. Rhode Island's kidnapping statute itself covers forcible or secret confinement; no separate unlawful-restraint offense is listed in the kidnapping chapter. R.I. Gen. Laws §§ 11-26-1, 11-26-1.4, 11-26-2 |
| South Carolina | Kidnapping (unlawfully seizing, confining, luring, decoying, abducting or carrying away another person by any means without legal authority) is a felony punishable by up to 30 years in prison. A parent who takes their own minor child is excluded from this statute. No separate false-imprisonment or unlawful-restraint offense appears in South Carolina's chapter on offenses against the person. S.C. Code § 16-3-910 |
| South Dakota | First-degree kidnapping is unlawfully removing someone from their home or workplace, moving them a substantial distance, or confining them for a substantial time, in order to hold them for ransom or as a shield or hostage, to commit a felony or escape, to injure or terrorize them, to interfere with a government function, or to take and hide a child under 14; it is a Class C felony (up to life), or a Class B felony (life) as aggravated kidnapping if the victim suffers serious bodily injury. Unlawfully holding or keeping someone for the same purposes is second-degree kidnapping, a Class 3 felony (up to 15 years), or a Class 1 felony (up to 50 years) with serious bodily injury. False imprisonment (knowingly restraining someone so as to substantially interfere with their liberty) is a Class 1 misdemeanor (up to 1 year). SDCL 22-19-1, 22-19-1.1, 22-19-17; SDCL 22-6-1, 22-6-2 |
| Tennessee | Holding someone against their will is called false imprisonment in Tennessee (knowingly removing or confining another unlawfully so as to interfere substantially with their liberty), a Class A misdemeanor (up to 11 months, 29 days and a $2,500 fine). Kidnapping is false imprisonment under circumstances exposing the person to substantial risk of bodily injury, a Class C felony (3 to 15 years). Aggravated kidnapping (to help commit a felony, to interfere with a government function, to inflict serious injury or terrorize, where the victim is injured, or while having or threatening a deadly weapon) is a Class B felony (8 to 30 years). Especially aggravated kidnapping (with a deadly weapon, a victim under 13, for ransom or as a hostage or shield, or with serious bodily injury) is a Class A felony (15 to 60 years), sentenced at least in Range II. Voluntarily releasing the victim alive is a mitigating factor at sentencing for the aggravated forms. Tenn. Code Ann. §§ 39-13-302, 39-13-303, 39-13-304, 39-13-305; § 40-35-111 |
| Texas | Unlawful restraint (intentionally or knowingly restraining someone) is a Class A misdemeanor (up to 1 year and $4,000), a state jail felony if the victim is under 17, a third-degree felony if the actor recklessly exposes the victim to substantial risk of serious bodily injury or restrains a public servant on duty, and a second-degree felony if the victim is a peace officer or judge on duty. Kidnapping (intentionally or knowingly abducting someone) is a third-degree felony (2 to 10 years). Aggravated kidnapping (abducting someone to hold for ransom, as a shield or hostage, to help commit a felony, to injure or sexually abuse, to terrorize, or to interfere with government, or using or showing a deadly weapon) is a first-degree felony (5 to 99 years or life), reduced to second degree (2 to 20 years) if the defendant proves at sentencing that the victim was voluntarily released in a safe place. Tex. Penal Code §§ 20.02, 20.03, 20.04; §§ 12.21-12.35 |
| Utah | Unlawful detention (intentionally or knowingly detaining or restraining someone against their will without legal authority) is a class B misdemeanor (up to 6 months and $1,000). Kidnapping (holding someone for a substantial period or in circumstances risking injury, in involuntary servitude, or moving them a substantial distance or across a state line, or holding a minor 14 to 17 without parental consent) is a second degree felony (1 to 15 years). Child kidnapping (seizing or holding a child under 14 without the parent's consent) is a first degree felony with a prison term of 15 years to life, or life without parole if the child suffered serious bodily injury or the offender has a prior grievous sexual offense. Aggravated kidnapping (kidnapping with a dangerous weapon or for ransom, as a hostage, to commit a felony or sexual offense, or to injure or terrorize) carries the same 15-years-to-life sentence; the same aggravating factors during an unlawful detention make it a third degree felony. Utah Code §§ 76-5-301, 76-5-301.1, 76-5-302, 76-5-304; §§ 76-3-203, 76-3-204, 76-3-301 |
| Vermont | Kidnapping is knowingly restraining someone to hold them for ransom, as a shield or hostage, to injure them or put anyone in fear of injury or sexual assault, or to help commit another crime, or (by a non-relative) restraining a child under 16 to keep them from their lawful custodian for a substantial period. It is punishable by up to life in prison and a $50,000 fine, reduced to up to 30 years if the defendant voluntarily released the victim alive in a safe place before arraignment without serious injury. Unlawful restraint in the first degree (restraining someone in circumstances risking serious bodily injury, or holding someone in involuntary servitude) carries up to 15 years and $50,000. Unlawful restraint in the second degree (knowingly restraining someone, or a non-relative taking or harboring a child under 18 without the custodian's consent) carries up to five years and $25,000, all felonies. 13 V.S.A. §§ 2405, 2406, 2407; 13 V.S.A. § 1 |
| Virginia | Virginia treats 'abduction' and 'kidnapping' as the same crime: by force, intimidation or deception, and without legal justification, seizing, taking, moving, detaining or hiding a person to deprive them of their liberty or to keep them from someone lawfully entitled to their custody, or to force them into labor. Abduction is generally a Class 5 felony (1 to 10 years, or up to 12 months in jail and/or $2,500), and abduction of a minor is a Class 2 felony (20 years to life and up to $100,000). Abduction to extort money, to sexually abuse ('defile') the victim, for prostitution, or to produce child pornography is also a Class 2 felony. A parent or household member with custody or visitation rights who abducts the child in violation of a court order commits a Class 1 misdemeanor, or a Class 6 felony if the child is taken out of Virginia. Va. Code §§ 18.2-47, 18.2-48, 18.2-49; §§ 18.2-10, 18.2-11 |
| Washington | Kidnapping in the first degree (intentionally abducting someone to hold for ransom or as a shield or hostage, to help commit a felony or escape, to injure them, to inflict extreme mental distress, or to interfere with a government function) is a class A felony (up to life and a $50,000 fine). Kidnapping in the second degree (any other intentional abduction) is a class B felony (up to 10 years and $20,000), or class A with a finding of sexual motivation; a relative trying only to take custody without deadly force has a defense. Unlawful imprisonment (knowingly restraining another person) is a class C felony (up to 5 years and $10,000). RCW 9A.40.020, 9A.40.030, 9A.40.040; RCW 9A.20.021 |
| West Virginia | Kidnapping (taking, hiding, confining, moving or holding someone against their will by force, threat, fraud or enticement to get a ransom or concession, injure them, terrorize them, or use them as a shield or hostage) is a felony punishable by life in prison without parole eligibility, unless the jury recommends mercy or the court allows parole on a guilty plea. If the victim is returned alive without bodily harm, the sentence is 20 to 50 years when ransom or a concession was paid, and 10 to 30 years when none was paid. A family member who takes a child believing it is in the child's interest, not for money, faces 1 to 5 years or up to a $1,000 fine, or both. Unlawful restraint (holding someone in place by force or threat without seeking a concession) is a misdemeanor: up to 1 year in jail, up to a $1,000 fine, or both. W. Va. Code §§ 61-2-14a, 61-2-14g, 61-2-14 |
| Wisconsin | Kidnapping (using force or the threat of force to move or hold someone without consent, or tricking them into going somewhere, intending to secretly confine them, take them out of state, or hold them to service against their will) is a Class C felony: up to 40 years, a fine up to $100,000, or both. Kidnapping to force someone to hand over property for the victim's release (ransom) is a Class B felony (up to 60 years), dropping to Class C if the victim is released without permanent physical injury before the first trial witness is sworn. Taking hostages is a Class B felony, or Class C if every hostage is released unharmed before arrest. False imprisonment (intentionally confining or restraining someone without consent, knowing there is no lawful authority) is a Class H felony: up to 6 years, a fine up to $10,000, or both. Wis. Stat. §§ 940.31, 940.305, 940.30, 939.50(3) |
| Wyoming | Kidnapping is unlawfully removing someone from their home, business or location, or confining them, by force, threat or deception (or, for a child under 14 or an incompetent person, without a guardian's consent), intending to hold them for ransom or as a shield or hostage, to help commit a felony, or to injure or terrorize them. If the defendant voluntarily releases the victim substantially unharmed and in a safe place before trial, it is a felony punishable by up to 20 years; otherwise it is 20 years to life (or as provided for murder cases). Felonious restraint (knowingly restraining someone unlawfully in a way that exposes them to risk of serious bodily injury, or holding someone in involuntary servitude) is a felony punishable by up to 5 years. W.S. 6-2-201, 6-2-202 |
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.