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 South Dakota, kidnapping is defined under SDCL 22-19-1 as the taking or confinement of any person, by force or deception, without consent and with the intent to hold that person for ransom, reward, to use as a shield or hostage, to facilitate the commission of a felony, to inflict bodily injury or to terrorize the victim or another person. Aggravated kidnapping, which is a more serious offense, is addressed under SDCL 22-19-1.1 and occurs when the kidnapping involves any of the following: the victim is less than 13 years of age; the kidnapper inflicts, or attempts to inflict, serious bodily injury upon the victim; or the kidnapper is armed with a dangerous weapon. The penalties for kidnapping and aggravated kidnapping are severe and can include substantial prison time. South Dakota law also recognizes parental kidnapping under SDCL 25-5A-28, which occurs when a parent takes, retains, or conceals a child in violation of a custody order. The specific circumstances of each case, including the relationship between the kidnapper and the victim, can affect the charges and defenses available.