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 New Jersey, kidnapping is defined under N.J.S.A. 2C:13-1 and is considered a crime when someone unlawfully removes another person a substantial distance or confines them for a substantial period, with the purpose of facilitating the commission of any crime or inflicting bodily injury, terrorizing the victim or another, interfering with a governmental or political function, or holding the victim for ransom, reward, or as a shield or hostage. Aggravated kidnapping is not a separate offense in New Jersey, but the severity of the kidnapping charge can be elevated based on factors similar to those outlined for aggravated kidnapping, such as the age of the victim, if the victim suffers bodily injury, or if a weapon is used. Kidnapping is a first-degree crime if the victim is less than 16 years old and the kidnapper's purpose is to engage in sexual activity with the victim or to sell the victim into slavery. Otherwise, kidnapping is a second-degree crime. New Jersey also has specific statutes regarding interference with custody (N.J.S.A. 2C:13-4) that address situations where a child is taken or detained by a parent or relative in violation of a custody order, which can be applicable even if the child is not moved a significant distance.