12.1-18 Kidnapping
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<![CDATA[CHAPTER 12.1-18KIDNAPPING12.1-18-01. Kidnapping.1.A person is guilty of kidnapping if he abducts another or, having abducted another,<br>continues to restrain him with intent to do the following:a.Hold him for ransom or reward;b.Use him as a shield or hostage;c.Hold him in a condition of involuntary servitude;d.Terrorize him or a third person;e.Commit a felony or attempt to commit a felony; orf.Interfere with the performance of any governmental or political function.2.Kidnapping is a class A felony unless the actor voluntarily releases the victim alive<br>and in a safe place prior to trial, in which case it is a class B felony.12.1-18-02. Felonious restraint. A person is guilty of a class C felony, if he:1.Knowingly abducts another;2.Knowingly restrains another under terrorizing circumstances or under circumstances<br>exposing him to risk of serious bodily injury; or3.Restrains another with intent to hold him in a condition of involuntary servitude.12.1-18-03. Unlawful imprisonment.1.A person is guilty of a class A misdemeanor if he knowingly subjects another to<br>unlawful restraint.2.It is a defense to a prosecution under this section that the actor is a parent or person<br>in equivalent relation to the person restrained and that the person restrained is a<br>minor.12.1-18-04. Definitions. In this chapter:1."Abduct" means to restrain a person with intent to prevent his liberation by:a.Secreting or holding him in a place where he is not likely to be found; orb.Endangering or threatening to endanger the safety of any human being.2."Restrain" means to restrict the movement of a person unlawfully and without<br>consent so as to interfere substantially with his liberty by removing him from his<br>place of residence or business, by moving him a substantial distance from one place<br>to another, or by confining him for a substantial period.Restraint is "withoutconsent" if it is accomplished by:a. force, intimidation, or deception; or b. anymeans, including acquiescence of the victim, if he is a child less than fourteen years<br>old or an incompetent person, and if the parent, guardian, or person or institution<br>responsible for the general supervision of his welfare has not acquiesced in the<br>movement or confinement.Page No. 112.1-18-05. Removal of child from state in violation of custody decree - Penalty.Any person who intentionally removes, causes the removal of, or detains the person's own child<br>under the age of eighteen years outside this state with the intent to deny another person's rights<br>in violation of an existing custody decree is guilty of a class C felony. Detaining the child outside<br>this state in violation of the custody decree for more than seventy-two hours is prima facie<br>evidence that the person charged intended to violate the custody decree at the time of removal.Page No. 2Document Outlinechapter 12.1-18 kidnapping]]>