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 Oregon, kidnapping is defined under ORS 163.225 and ORS 163.235. The basic offense of kidnapping occurs when a person, with intent to interfere substantially with another's personal liberty, and without consent or legal authority, takes the person from one place to another or secretly confines the person in a place where they are not likely to be found. Aggravated kidnapping, a more serious offense, is outlined in ORS 163.235 and includes situations where the victim is under 14 years of age, a ransom is demanded, the victim suffers serious bodily injury or death, the kidnapping occurs during a carjacking, the victim is used as a shield or hostage, or a deadly weapon is used during the kidnapping. Oregon law also addresses parental abduction under ORS 163.257 and ORS 163.245, which can apply even if the child is not taken a significant distance, focusing on the violation of custodial rights. Penalties for kidnapping are severe and can include substantial prison time, particularly for aggravated kidnapping, which is classified as a Measure 11 offense, mandating a minimum sentence.