(6)2.4.1 Kidnapping in the First Degree: Difference between revisions
Created page with "A person is guilty of <b>Kidnapping in the First Degree</b> 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..." |
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(d) causes serious injury or death to the victim or intents to cause death to the victim; or | (d) causes serious injury or death to the victim or intents to cause death to the victim; or | ||
(e) commits this offense in furtherance of or cooperation with a criminal | (e) commits this offense in furtherance of or cooperation with a [[(6)1_Definitions#(6)1.7_Criminal_Organization_/_Criminal_Enterprise|criminal organization]] or [[(6)1_Definitions#(6)1.6_Terrorism|terrorism]] scheme; or | ||
(f) commits this offense against a protected worker during the lawful execution of their duties | (f) commits this offense against a protected worker during the lawful execution of their duties; or | ||
(g) For purposes of this subsection, “protected worker” includes, but is not limited to: | (g) commits this offense with [[(6)1_Definitions#(6)1.5_Premeditation|premeditation]]. | ||
(h) For purposes of this subsection, “protected worker” includes, but is not limited to: | |||
#Physicians, nurses, emergency medical technicians, and other licensed healthcare providers; | #Physicians, nurses, emergency medical technicians, and other licensed healthcare providers; | ||
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#Any other occupation designated by statute as requiring enhanced protection due to heightened risk while performing essential services. | #Any other occupation designated by statute as requiring enhanced protection due to heightened risk while performing essential services. | ||
( | (i) This subsection shall not apply to: | ||
* lawful restraint by a parent, guardian, or custodian acting within legal authority; | * lawful restraint by a parent, guardian, or custodian acting within legal authority; | ||
Latest revision as of 22:31, 18 December 2025
A person is guilty of Kidnapping in the First 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 serious injury or death to the victim or intents to cause death to the victim; or
(e) commits this offense in furtherance of or cooperation with a criminal organization or terrorism scheme; or
(f) commits this offense against a protected worker during the lawful execution of their duties; or
(g) commits this offense with premeditation.
(h) For purposes of this subsection, “protected worker” includes, but is not limited to:
- Physicians, nurses, emergency medical technicians, and other licensed healthcare providers;
- Firefighters and emergency response personnel (including law enforcement officer);
- Road construction, traffic control, and road safety workers;
- Public transit operators;
- Utility, infrastructure, or public works personnel performing safety-related duties.
- Any other occupation designated by statute as requiring enhanced protection due to heightened risk while performing essential services.
(i) 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 First Degree is a Class A- Felony.