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 York, kidnapping is defined under the New York Penal Law Sections 135.20 and 135.25. The basic offense of kidnapping occurs when a person abducts another individual. Under New York law, 'abduct' means to restrain a person with the intent to prevent their liberation by either secreting or holding them in a place where they are not likely to be found, or by using or threatening to use deadly physical force. Kidnapping in the second degree is a class B felony, while kidnapping in the first degree, which includes situations where the victim is held for ransom, restrained for over 12 hours with intent to inflict physical injury or abuse sexually, or the victim dies during the abduction, is a class A-I felony. Aggravated kidnapping typically involves factors such as the victim being a child under 14 years of age, demands for ransom, serious bodily injury or death to the victim, carjacking, using the victim as a shield or hostage, or exhibiting or using a deadly weapon during the kidnapping. These aggravating factors can elevate the severity of the crime and the associated penalties. New York also has specific laws regarding the abduction of children by parents or relatives, which can be found under the offense of 'custodial interference' in Sections 135.45 and 135.50 of the Penal Law. The affirmative defenses and specific provisions related to kidnapping and custodial interference can be complex, and an attorney can provide detailed guidance on how these laws may apply in specific circumstances.