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 Missouri, kidnapping is defined under Missouri Revised Statutes Section 565.110. A person commits the offense of kidnapping when they unlawfully remove another person without their consent from the place where they are found or restrain them from freely moving about, for the purpose of holding them for ransom or reward, or for any other unlawful purpose. Kidnapping is a Class B felony in Missouri. Aggravated kidnapping, which involves circumstances such as kidnapping a child under 14 years of age, demanding ransom, causing serious bodily injury or death, carjacking, using the victim as a shield or hostage, or exhibiting or using a deadly weapon, is considered a more serious offense and can lead to higher penalties, including life imprisonment. Missouri law also addresses child abduction, including parental kidnapping, under Section 565.153, which makes it a crime for a parent or other person to take a child with the intent to deprive the custody right of another person, and this can be charged even if the child is not taken a significant distance. The specific charges and penalties can vary based on the circumstances of the case and the presence of any aggravating factors.