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Kidnapping: penalties in each state

Taking or holding a person against their will, often to demand money, to commit another crime, or while armed.

What to look for: Releasing the victim unharmed lowers the grade in some states.

These are statutory ranges for a first offence, from the least to the most the law allows. A court decides the actual sentence in each case. Not legal advice.

9 states covered so far

Arizona

1 to 3.75 years (victim released unharmed) up to 3 to 12.5 years

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  • Kidnapping, where the victim is released voluntarily without injury in a safe place before arrest (Class 4 felony)

    Least
    1 year
    Most
    3.75 years
    Fine
    Fine of up to $150,000

    A first offence: usual term 2.5 years, between 1.5 and 3 years; 1 year if mitigated and 3.75 years if aggravated (§ 13-702).

    A.R.S. § 13-1304; § 13-702; § 13-801

  • Kidnapping (Class 2 felony)

    Least
    3 years
    Most
    12.5 years
    Fine
    Fine of up to $150,000

    A first offence: usual term 5 years, between 4 and 10 years; 3 years if the court finds mitigating factors and 12.5 years if it finds aggravating factors (§ 13-702). If it is a dangerous offence, the range is 7 to 21 years (§ 13-704).

    A.R.S. § 13-1304; § 13-702; § 13-801

California

3 to 8 years, up to life, with or without parole

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  • Kidnapping (Felony)

    Least
    3 years
    Most
    8 years
    Fine
    Fine of up to $10,000, where the offence sets no fine (§ 672)

    Three possible terms set by the statute: 3, 5 or 8. The court chooses among them. If the victim was under 14: 5, 8 or 11 years (§ 208(b)).

    Cal. Penal Code § 207; § 208(a)

  • Kidnapping to commit robbery, rape or certain other crimes (Felony)

    Least
    Life with the possibility of parole
    Most
    Life with the possibility of parole
    Fine
    Fine of up to $10,000, where the offence sets no fine (§ 672)

    Cal. Penal Code § 209(b)

  • Kidnapping for ransom, reward or extortion (Felony)

    Least
    Life with the possibility of parole
    Most
    Life without the possibility of parole
    Fine
    Fine of up to $10,000, where the offence sets no fine (§ 672)

    Life without parole if the victim suffers death or bodily harm, or is confined in a way that exposes them to a substantial likelihood of death. Otherwise life with the possibility of parole.

    Cal. Penal Code § 209(a)

Florida

Up to life imprisonment

Show the degrees and the statutes
  • Kidnapping (Felony of the first degree)

    Least
    No minimum term set by the statute
    Most
    A term of years up to life
    Fine
    Fine of up to $10,000

    A first-degree felony punishable by a term of years up to life.

    Fla. Stat. § 787.01; § 775.082; § 775.083

Iowa

Up to 10 years (third degree) to life without parole (first degree)

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  • Kidnapping in the third degree (Class C felony)

    Least
    No minimum term set by the statute
    Most
    Up to 10 years
    Fine
    Fine of $1,370 to $13,660

    Iowa Code § 710.4; § 902.9

  • Kidnapping in the second degree (Class B felony)

    Least
    No minimum term set by the statute
    Most
    Up to 25 years

    Where the purpose is ransom, the kidnapper is armed with a dangerous weapon, or the victim is under 18.

    Iowa Code § 710.3; § 902.9

  • Kidnapping in the first degree (Class A felony)

    Least
    No minimum term set by the statute
    Most
    Life imprisonment, with no parole unless the Governor commutes the sentence

    Iowa Code § 710.2; § 902.1

Maryland

Up to 30 years

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New York

Up to 4 years (unlawful imprisonment) up to life (kidnapping in the first degree)

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  • Unlawful imprisonment in the first degree (Class E felony)

    Least
    No minimum term set by the statute
    Most
    4 years
    Fine
    Fine of up to the higher of $5,000 or double the gain from the crime (§ 80.00)

    A non-violent felony carries an indeterminate sentence. The court sets the maximum, and the minimum is at least 1 year and no more than one-third of the maximum (§ 70.00).

    N.Y. Penal Law § 135.10; § 70.00

  • Kidnapping in the second degree (Class B violent felony)

    Least
    5 years
    Most
    25 years
    Fine
    Fine of up to the higher of $5,000 or double the gain from the crime (§ 80.00)

    N.Y. Penal Law § 135.20; § 70.02

  • Kidnapping in the first degree (Class A-I felony)

    Least
    A life sentence with a minimum of at least 15 years
    Most
    Life, with a minimum of up to 25 years
    Fine
    Fine of up to the higher of $5,000 or double the gain from the crime (§ 80.00)

    N.Y. Penal Law § 135.25; § 70.00

Texas

2 to 10 years (kidnapping) up to 5 to 99 years, or life (aggravated kidnapping)

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  • Kidnapping (Felony of the third degree)

    Least
    2 years
    Most
    10 years
    Fine
    Fine of up to $10,000

    Tex. Penal Code § 20.03; § 12.34

  • Aggravated kidnapping, where the victim is voluntarily released in a safe place (Felony of the second degree)

    Least
    2 years
    Most
    20 years
    Fine
    Fine of up to $10,000

    The defendant must prove release in a safe place at the punishment stage.

    Tex. Penal Code § 20.04; § 12.33

  • Aggravated kidnapping (Felony of the first degree)

    Least
    5 years
    Most
    99 years, or life
    Fine
    Fine of up to $10,000

    Tex. Penal Code § 20.04; § 12.32

Virginia

1 to 10 years, or jail (abduction) up to 20 years to life (abduction for gain, or of a minor)

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  • Abduction (Class 5 felony)

    Least
    1 year in prison, or no prison term if the court chooses jail instead
    Most
    10 years, or up to 12 months in jail and a fine of up to $2,500

    Abduction for which no other punishment is prescribed.

    Va. Code § 18.2-47; § 18.2-10

  • Abduction of a minor (Class 2 felony)

    Least
    20 years
    Most
    Life
    Fine
    Fine of up to $100,000

    Abduction of a minor is punished as a Class 2 felony, with exceptions in § 18.2-47(D).

    Va. Code § 18.2-47; § 18.2-10

  • Abduction for ransom or pecuniary benefit, or with intent to defile (Class 2 felony)

    Least
    20 years
    Most
    Life
    Fine
    Fine of up to $100,000

    Va. Code § 18.2-48; § 18.2-10

Washington

Up to 10 years (second degree) up to life (first degree)

Show the degrees and the statutes
  • Kidnapping in the second degree (Class B felony)

    Least
    No minimum term set by the statute
    Most
    Up to 10 years
    Fine
    Fine of up to $20,000

    A Class A felony if there is a finding of sexual motivation.

    RCW 9A.40.030; RCW 9A.20.021

  • Kidnapping in the first degree (Class A felony)

    Least
    No minimum term set by the statute
    Most
    Life imprisonment
    Fine
    Fine of up to $50,000

    RCW 9A.40.020; RCW 9A.20.021

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