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 Nebraska, kidnapping is defined under Nebraska Revised Statute 28-313. It is a criminal offense that occurs when someone, without lawful authority, forcibly or by threat of imminent force, kidnaps another person with the intent to hold them for ransom, use them as a shield or hostage, commit a felony, terrorize the victim or another, or interfere with the performance of any governmental or political function. Aggravated kidnapping, which is a more serious form of kidnapping, is addressed under Nebraska Revised Statute 28-314. This offense may be charged when the kidnapping involves any of the following: the victim is a minor, the kidnapper is armed with a deadly weapon, the victim suffers serious bodily injury, or the kidnapper demands ransom. The penalties for kidnapping offenses in Nebraska are severe and can include substantial prison time. It is important to note that Nebraska law also provides for affirmative defenses to kidnapping in certain circumstances, such as when a parent takes their own child under specific conditions. However, these defenses are complex and fact-specific, and anyone facing kidnapping charges should consult with an attorney for legal advice tailored to their situation.