(6)2.4.3 Kidnapping in the Third Degree: Difference between revisions
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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 [[(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 [[(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 | (d) 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; | ||
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* restraint that is merely incidental to another offense and does not independently increase the risk of harm to the victim. | * 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>. | 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.