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 Michigan, kidnapping is defined under Michigan Penal Code (MCL 750.349) as knowingly restraining another person with the intent to hold that person for ransom or reward, use the person as a shield or hostage, engage in criminal sexual conduct, take the person outside of the state, or hold the person in involuntary servitude. Kidnapping is a felony offense and can result in life imprisonment or any term of years. Aggravated kidnapping, which involves circumstances such as kidnapping a child under 14 years of age, demanding ransom, causing serious bodily injury or death, kidnapping during a carjacking, using the victim as a shield or hostage, or using a deadly weapon, is treated with increased severity under Michigan law. The specific charges and penalties can be more severe in these cases, reflecting the aggravated nature of the crime. Michigan law also addresses parental kidnapping under MCL 750.350a, which makes it a crime for a parent to take or retain a child for more than 24 hours with the intent to conceal the child from another parent or guardian who has legal custody rights, subject to certain defenses and exceptions. The penalties for parental kidnapping can include imprisonment and fines, depending on the circumstances.