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 Wisconsin, kidnapping is defined under Wisconsin Statute 940.31. The offense occurs when someone intentionally carries a person from one place to another without that person's consent and with intent to cause the person to be secretly confined or imprisoned against their will. The law applies to victims of any age. Aggravated kidnapping in Wisconsin may not be explicitly termed as such, but the severity of the offense can be elevated based on factors similar to those described for aggravated kidnapping. These factors include the victim's age (with greater penalties for crimes involving children), whether a ransom is demanded, if the victim suffers bodily harm or death, or if the kidnapping occurs in conjunction with another crime such as carjacking. The use of a deadly weapon during the kidnapping can also lead to more severe charges and penalties. Wisconsin also has specific statutes regarding interference with custody and parental kidnapping under Wisconsin Statute 948.31, which addresses situations where a child is taken by a parent or relative without legal authority or in violation of a custody order. The penalties and charges for kidnapping can vary widely based on the circumstances of the case and the presence of any aggravating factors.