(6)2.4.3 Kidnapping in the Third Degree

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A person is guilty of Kidnapping in the Third 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.

(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 Third Degree is a Class C+ Felony.