(a) A person is guilty of kidnapping in the second degree when he abducts another person.

(b) Kidnapping in the second degree is a class B felony for which three years of the sentence imposed may not be suspended or reduced by the court.

(1969, P.A. 828, S. 96; P.A. 93-148, S. 1.)

History: P.A. 93-148 amended Subsec. (b) to add provision re three-year nonsuspendable sentence.

Cited. 169 C. 242; 171 C. 47; 172 C. 22; 177 C. 335; Id., 637; 178 C. 549; Id., 634; 185 C. 163; 186 C. 179; 188 C. 406; 190 C. 822; 191 C. 604; 196 C. 430; 198 C. 68; Id., 190; 199 C. 537; 200 C. 586; 202 C. 343; Id., 520; 206 C. 40; Id., 685; 208 C. 365; 211 C. 672; 213 C. 388; 231 C. 195. Omission of Salamon instruction was not harmless beyond a reasonable doubt. 302 C. 236.

Cited. 1 CA 697; 12 CA 268; Id., 613; 20 CA 437; 21 CA 411; 27 CA 786; 35 CA 740; 42 CA 768; 46 CA 486; Id., 691.

Subsec. (a):

Cited. 178 C. 600; 179 C. 328; 180 C. 565; 182 C. 449; 187 C. 681; 190 C. 327; 192 C. 166; 197 C. 485; 198 C. 314; 238 C. 784. The legislature intended to exclude from the scope of the more serious crime of kidnapping and its accompanying severe penalties those confinements or movements of a victim that are merely incidental to and necessary for the commission of another crime against that victim. 287 C. 509. The court's repeated pronouncements that there are no minimum time or distance requirements to establish restraint within the meaning of Subsec., coupled with Subsec.'s prohibition of the act of restraint only when it is accomplished with the specific intent of preventing a victim's liberation, defeats defendant's claim that Subsec. is unconstitutionally vague as applied to defendant's actions. 294 C. 753. Lack of Salamon instruction was harmless because defendant was acquitted of all charges other than kidnapping and unlawful restraint. 299 C. 447.

There is neither any time requirement for the restraint, nor any distance requirement for the asportation to constitute the crime of kidnapping. 1 CA 697. By its plain terms, Subsec. gives fair warning to the public that if a person abducts another he is guilty of that offense. 83 CA 142. Statute is unconstitutionally vague as applied to the particular facts in issue because it failed to put defendant on notice that forcibly taking victim's arm but not moving her was a violation. 95 CA 332; judgment reversed, see 294 C. 753. Section not unconstitutionally vague as applied to defendant whose actions over a 2-hour period included using stun gun and restraints against victim and confining victim in defendant's car and home. 137 CA 29. Defendant possessed specific intent to prevent victim's liberation immediately prior to and during struggle; Subsec. not unconstitutionally vague as applied to defendant; defendant not subject to arbitrary and discriminatory enforcement; cumulative convictions of kidnapping in the second degree and attempted kidnapping in the second degree violate constitutional prohibition against double jeopardy. 147 CA 598.