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 North Dakota, kidnapping is defined under North Dakota Century Code (NDCC) 12.1-18-01. The statute outlines that a person is guilty of kidnapping if they willfully seize, confine, inveigle, decoy, abduct, or carry away another person by any means, with the intent to hold for ransom or reward, use as a shield or hostage, facilitate the commission of a felony, inflict bodily injury or terrorize the victim or another, or interfere with the performance of any governmental or political function. Aggravated kidnapping, which involves circumstances that elevate the severity of the offense, such as abducting a child under 14 years of age, demanding ransom, causing serious bodily injury or death, committing the act during a carjacking, using the victim as a shield or hostage, or exhibiting or using a deadly weapon, is also addressed in the NDCC. The specific section for aggravated circumstances may vary, but these factors generally lead to more severe charges and penalties. North Dakota law also includes provisions for parental kidnapping under NDCC 14-14-22, which addresses the abduction of children by parents or relatives, particularly when custody rights are violated. The penalties for kidnapping offenses in North Dakota are severe and can include substantial prison time, reflecting the serious nature of these crimes.