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Kidnapping Laws in New Jersey

How New Jersey law treats kidnapping: what is illegal, whether it is a misdemeanor or felony, and the penalties, from the state code.

Short answer: 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… N.J.S. 2C:13-1, 2C:13-2, 2C:13-3; N.J.S. 2C:43-6

KidnappingKidnapping (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).
Criminal restraint: https://lis.njleg.state.nj.us/nxt/gateway.dll?xhitlist_vq=2C%3A13-2&f=xhitlist&xhitlist_q=%5BRank+100%5D%5BDomain%3A+2C%3A13-2%5D2C%3A13-2&xhitlist_x=advanced&xhitlist_s=relevance-weight&xhitlist_mh=99999&xhitlist_hc=%5BXML%5D%5BKwic%2C400%5D&xhitlist_xsl=xhitlist.xsl&xhitlist_vpc=first&xhitlist_vps=20&xhitlist_sel=title%3Bpath%3Brelevance-weight%3Bcontent-type%3Bhome-title%3Bitem-bookmark%3Btitle-path%3Bhit-context&vid=Publish%3A10.1048%2FEnu ; false imprisonment: https://lis.njleg.state.nj.us/nxt/gateway.dll?xhitlist_vq=2C%3A13-3&f=xhitlist&xhitlist_q=%5BRank+100%5D%5BDomain%3A+2C%3A13-3%5D2C%3A13-3&xhitlist_x=advanced&xhitlist_s=relevance-weight&xhitlist_mh=99999&xhitlist_hc=%5BXML%5D%5BKwic%2C400%5D&xhitlist_xsl=xhitlist.xsl&xhitlist_vpc=first&xhitlist_vps=20&xhitlist_sel=title%3Bpath%3Brelevance-weight%3Bcontent-type%3Bhome-title%3Bitem-bookmark%3Btitle-path%3Bhit-context&vid=Publish%3A10.1048%2FEnu . Penalties (N.J.S. 2C:43-3, 2C:43-6, 2C:43-8): first degree 10-20 years and up to $200,000; second degree 5-10 years and up to $150,000; third degree 3-5 years and up to $15,000; fourth degree up to 18 months and up to $10,000; disorderly persons offense up to 6 months and $1,000.
Source: N.J.S. 2C:13-1, 2C:13-2, 2C:13-3; N.J.S. 2C:43-6

More New Jersey criminal law

FAQ

Is kidnapping a felony in 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).
Can I get a court-appointed lawyer for kidnapping in New Jersey?
New Jersey's rule on court-appointed lawyers: The Office of the Public Defender represents, without expense, an 'indigent defendant' — a person formally charged with an indictable offense who does not have the present financial ability to secure competent legal representation (§§ 2A:158A-2, -5). Eligibility is determined on the basis of the need of the defendant, considering listed factors such as income, assets, ability to make bail and the ability to engage and compensate private counsel (§ 2A:158A-14); the court or a designated court office investigates the defendant's finances (§ 2A:158A-15.1). To apply, the defendant completes the court's '5A Form' (Uniform Defendant Intake); the case is then sent to the OPD regional office in the county where it will be heard. OPD does not represent people in Family Court domestic violence complaints, minor municipal court offenses, or parole violation matters. N.J.S. 2A:158A-2, -5, -14, -15.1
How much does a lawyer for kidnapping cost in New Jersey?
Lawyers set their own fees, and New Jersey has rules on how they may charge. See hiring a criminal defense lawyer in New Jersey for fee rules, how to check a lawyer's license and free help.
What happens after an arrest for kidnapping in New Jersey?
How release before trial works in New Jersey: Under New Jersey's Criminal Justice Reform Act, the court makes the pretrial release decision, after considering a Pretrial Services risk assessment, no later than 48 hours after the eligible defendant's commitment to jail (§ 2A:162-16). The court must release the defendant on personal recognizance or on an unsecured appearance bond if that will reasonably assure appearance, public safety and no obstruction; otherwise it imposes non-monetary conditions (§ 2A:162-17). Monetary bail may be set only when it is determined that no other conditions of release will reasonably assure the defendant's appearance (§ 2A:162-15). On a prosecutor's motion, the court may order pretrial detention only if it finds by clear and convincing evidence that no amount of monetary bail, non-monetary conditions, or combination of them would reasonably assure those goals (§ 2A:162-18(a)(1)); there is a presumption of detention for certain murder and life-term charges (§ 2A:162-19(b)). The pretrial detention hearing must be held no later than the defendant's first appearance, or within three working days if the motion is filed later, absent a continuance (§ 2A:162-19(d)(1)). N.J.S. 2A:162-15 to -19, -25 What happens after an arrest.
Can a conviction for kidnapping be removed from my record in New Jersey?
Each state sets its own rules for sealing or expunging records. See New Jersey expungement and record sealing rules.

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.