(6)2.4.3 Kidnapping in the Third Degree: Difference between revisions

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Created page with "A person is guilty of <b>Kidnapping in the Third Degree</b> under this subsection if he or she (6)1_Definitions#(6)1.2_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-..."
 
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A [[(6)1_Definitions#(6)1.1_Person|person]] is guilty of <b>Kidnapping in the Third Degree</b> under this subsection if he or she [[willfully|(6)1_Definitions#(6)1.2_Willfully]] [[(6)1_Definitions#(6)1.19_Restrain|restrains]] another [[(6)1_Definitions#(6)1.1_Person|person]]:
A [[(6)1_Definitions#(6)1.1_Person|person]] is guilty of <b>Kidnapping in the Third Degree</b> under this subsection if he or she [[(6)1_Definitions#(6)1.2_Willfully|willfully]] [[(6)1_Definitions#(6)1.19_Restrain|restrains]] another [[(6)1_Definitions#(6)1.1_Person|person]]:


(a) by force, threat, deception, or intimidation; and
(a) by force, threat, deception, or [[(6)1_Definitions#(6)1.8_Intimidate|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;
(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;
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(c) without lawful authority or consent.
(c) without lawful authority or consent.


(d) Kidnapping in the Third Degree shall apply where the conduct does not rise to the level of Kidnapping in the First or Second Degree, and where no aggravating factor specified in those subsections is present.
(d) This subsection shall not apply to:


(e) 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.


lawful restraint by a parent, guardian, or custodian acting within legal authority;
Kidnapping in the Third Degree is a <b>Class C+ Felony</b>.
 
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 <b>Class C Felony</b>.

Latest revision as of 22:20, 18 December 2025

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.

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