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 Louisiana (LA), kidnapping is defined under Louisiana Revised Statutes Title 14:40.1. The basic offense of kidnapping involves the seizing and carrying of a person from one place to another without their consent, using force, intimidation, or deception. Aggravated kidnapping, as per Louisiana Revised Statutes Title 14:44, is a more serious offense and occurs under specific circumstances such as kidnapping a child under the age of 14, demanding a ransom, causing serious bodily injury or death, committing the act during a carjacking, using the victim as a shield or hostage, or using a deadly weapon during the kidnapping. Louisiana law also addresses the issue of parental kidnapping under Louisiana Revised Statutes Title 14:45.1, which makes it illegal for a parent to take their child out of the jurisdiction of the court with the intent to deprive the court or the other parent of custody or visitation rights. The penalties for kidnapping offenses in Louisiana are severe and can include lengthy prison sentences, with aggravated kidnapping potentially leading to life imprisonment or even the death penalty if certain aggravating circumstances are present.