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 Tennessee, kidnapping is defined under Tennessee Code Annotated (T.C.A.) § 39-13-303. It is an offense where a person unlawfully removes another from one place to another, without the victim's consent, and without lawful authority, with the intent to cause the victim to be confined, held, or detained against their will. Aggravated kidnapping, as per T.C.A. § 39-13-304, is a more severe offense and occurs under circumstances such as kidnapping a child under 14 years of age, demanding ransom, causing serious bodily injury or death, committing the act during a carjacking, using the victim as a shield or hostage, or using a deadly weapon during the kidnapping. Tennessee law also recognizes especially aggravated kidnapping, which includes situations where the victim suffers bodily injury or is held for ransom, reward, shield, or hostage. Defenses to kidnapping charges may include parental rights in certain circumstances, such as when a parent takes their own child, unless it violates custody orders or other specific legal restrictions. The state's kidnapping statutes provide the framework for prosecution and penalties, which can range from fines to significant prison time, depending on the severity of the offense.