Kidnapping: A.R.S. 13-1304
Kidnapping involves abducting another person and holding them captive. It is often committed in conjunction with other crimes. Kidnapping offenses are taken seriously, with penalties varying based on the specific circumstances.
As defined by A.R.S. 13-1304, a person commits kidnapping by knowingly restraining another person with the intent to do any one of the following:
- Hold the victim for ransom or as a shield or hostage.
- Hold the victim for involuntary servitude.
- Inflict death, physical injury, or sexual offense on the victim, or to otherwise aid in the commission of a felony.
- Place the victim or a third person in reasonable apprehension of imminent physical injury to either of them.
- Interfere with the performance of a political or governmental function.
- Seize or exercise control over any airplane, train, bus, ship, or other vehicle.
Kidnapping Penalties
Class 2 Felony – In the following situations:
- Other than when the victim is released voluntarily by the defendant without physical injury in a safe place before arrest and before accomplishing any other kidnapping intentions as listed in the above statute.
- If the victim is under 15 years of age.
First-time offenders can be sentenced to incarceration of up to 12.5 years. Additionally, the sentence for kidnapping a victim under age 15 runs consecutively to any other sentence imposed on the defendant and to any undischarged term of imprisonment of the defendant.
Class 3 Felony – In the following situation:
- If the victim is released pursuant to an agreement with the state and without physical injury.
First-time offenders can be sentenced to incarceration of up to 8.75 years.
Class 4 Felony – In the following situation:
- When the victim is released voluntarily by the defendant without physical injury in a safe place before arrest and before accomplishing any other kidnapping intentions as listed in the above statute.
First-time offenders can be sentenced to incarceration of up to 3.75 years.
Offenses Related to Kidnapping
Kidnapping often occurs in combination with other offenses, including unlawful imprisonment, sex trafficking, aggravated assault, and custodial interference. A defendant charged with additional offenses can face serious penalties, making it wise to hire an experienced defense attorney.
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