(6)2.4.2 Kidnapping in the Second Degree

A person is guilty of Kidnapping in the Second Degree under this subsection if he or she willfully restrains another person:

(a) by force, threat, deception, or intimidation; and

(b) substantially interferes with the victim’s liberty by moving the victim from one place to another, or by confining the victim for a non-trivial period of time;

(c) without lawful authority or consent; and

(d) causes injury to the person during this course of conduct; or

(e) any one or more of the following circumstances are present:

• the restraint exposes the victim to a substantial risk of physical or psychological harm, even if no injury occurs; or
• the restraint facilitates or is intended to facilitate the commission of another felony, other than kidnapping itself; or
• the victim is restrained for the purpose of extortion, coercion, intimidation, or leverage, regardless of whether a ransom is demanded; or
• the restraint occurs in a manner that substantially increases the difficulty of discovery or rescue, including isolation, concealment, or transportation to a remote location; or
• the offender uses a firearm or dangerous weapon to effect or maintain the restraint, without causing serious bodily injury; or
• the victim is particularly vulnerable due to age, disability, intoxication, or incapacity, and the offender knew or reasonably should have known of that vulnerability.

(d) This subsection shall not apply to:

• lawful restraint by a parent, guardian, or custodian acting within legal authority;
• lawful arrest, detention, or medical restraint conducted in good faith and in accordance with law; or
• restraint that is merely incidental to another offense and does not independently increase the risk of harm to the victim.

Kidnapping in the Second Degree is a Class B+ Felony.