Kidnapping, first degree, penalty
First-degree kidnapping is when someone moves or holds another person against that person's will for a serious reason — like demanding ransom, using them as a hostage, messing with government activities, helping commit another serious crime, or hurting or scaring them. Most of the time this is a Class A felony, but if the reason was to help commit another crime or to hurt or scare someone, it is a Class B felony.
Classifications stated in the statute. Actual outcomes vary.
565.110. Kidnapping, first degree, . — 1. A person commits the of kidnapping in the first degree if he or she removes another person without his or her from the place where he or she is found or unlawfully another person without his or her consent for a substantial period, for the purpose of:
(1) Holding that person for or reward, or for any other act to be performed or not performed for the or of that person; or
(2) Using the person as a shield or as a ; or
(3) Interfering with the performance of any governmental or political function; or
(4) the of any or flight thereafter; or
(5) Inflicting on or terrorizing the victim or another.
2. The offense of kidnapping in the first degree is a unless committed under (4) or (5) of 1 of this section in which cases it is a .
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Source & history notes
(L. 1977 S.B. 60, A.L. 2004 H.B. 1487, A.L. 2014 S.B. 491) Effective 1-01-17 Conviction of offense, on release registration requirements and penalty for failure to comply (Megan's Law), 589.400 to 589.426 (1981) Kidnapping and rape were separate offenses and defendant thus was not punished twice for same offense because confinement and movement of victim were not incidental to commission of rape but increased risk of harm and danger to victim. State v. Stewart (A.), 615 S.W.2d 600. (1993) For purposes of definition of "forcible compulsion" in section 556.061, age of victim, relationship to defendant and testimony of victim that defendant guided her head and mouth, or that defendant threatened to ground victim, was not sufficient evidence to establish that victim was in reasonable fear of death, serious physical injury or kidnapping under this section as required by conviction for forcible sodomy under section 566.060, RSMo. State v. Daleske, 866 S.W.2d 476 (Mo. App. W.D.). (1994) Although, under Missouri statute, crime of kidnapping does not require proof of injury and where kidnapping is not intrinsically violent, crime entails serious potential risk of physical injury to another based on requirement that kidnapping be without person's consent; therefore, kidnapping under Missouri law is violent felony for purposes of enhanced sentencing under federal law. United States v. Phelps, 17 F.3d 1334 (10th Cir.).
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.