A person generally commits the criminal offense of kidnapping by using force or other means of instilling fear to steal, take, hold, detain, abduct, or arrest a person and take them to another location. A person of any age may be a victim of kidnapping.

And a person generally commits the criminal offense of aggravated kidnapping if the person (1) uses force, fear, or fraud upon a victim who is a child under 14 years of age; (2) accompanies the kidnapping with a demand for ransom; (3) causes the victim to suffer serious bodily injury or death; (4) kidnaps a person during a carjacking; (5) uses the victim as a shield or hostage; or (6) exhibits or uses a deadly weapon during the course of the kidnapping.

Kidnapping laws vary from state to state, including definitions and affirmative defenses, such as whether the person taken is related to the kidnapper. Some states have child abduction laws that apply to the abduction of children by parents or relatives when the child is not moved a significant distance (out of county or state). Kidnapping laws are generally located in a state’s statutes—often in the penal or criminal code.

In Hawaii, kidnapping is defined under Hawaii Revised Statutes Section 707-720. A person commits the offense of kidnapping if they intentionally or knowingly restrain another person with the intent to hold that person for ransom or reward, as a shield or hostage, to facilitate the commission of a felony, to inflict bodily injury upon them or to terrorize them or a third person, or to interfere with the performance of a governmental or political function. Kidnapping is a Class A felony in Hawaii. Aggravated kidnapping, which involves circumstances such as the victim being under 14 years of age, the kidnapper being armed with a dangerous instrument, or the victim suffering serious bodily injury, is considered a more serious offense and may result in enhanced penalties. Hawaii's laws also address the issue of parental kidnapping, which is governed by different statutes and involves the abduction or retention of a child by a parent or relative, potentially leading to charges such as custodial interference.