Kidnapping Defense

Under A.R.S. § 13-1304, a person commits kidnapping by knowingly restraining another person with the intent to do one of the following:

• Hold the person for ransom, as a shield or as a hostage.
• Hold the person for involuntary servitude.
• Inflict death, physical injury or a sexual offense on the person, or otherwise aid in the commission of a felony.
• Place the person or a third person in reasonable apprehension of imminent physical injury.
• Interfere with the performance of a governmental or political function.
• Seize or exercise control over an airplane, train, bus, ship or other vehicle.

"Restrain" has a specific meaning. Under A.R.S. § 13-1301, it means restricting a person's movements without consent, without legal authority, and in a way that interferes substantially with the person's liberty, by moving the person from one place to another or by confining the person.

Restraint is "without consent" if it is accomplished by physical force, intimidation or deception. For a child under 18 or an incompetent person, restraint is without consent by any means, even if the person went along, when the lawful custodian has not agreed.

Unlawful imprisonment, under A.R.S. § 13-1303, is knowingly restraining another person, without any of the purposes listed above. The statute provides a defense for a peace officer or detention officer acting in good faith in the lawful performance of duty, and for a relative whose only intent is to take lawful custody, if the restraint caused no physical injury.

"With the intent to" means your objective was to cause that result, as defined in A.R.S. § 13-105.

For a first felony offense that is not charged as dangerous, A.R.S. § 13-702(D) sets these prison ranges:

Prior felony convictions raise these ranges under A.R.S. § 13-703.

Dangerous offenses. An offense is "dangerous" if it involves the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument, or the intentional or knowing infliction of serious physical injury. For a dangerous first offense, A.R.S. § 13-704(A) sets higher ranges: 7 to 21 years for a class 2 felony (presumptive 10.5), 5 to 15 years for a class 3 felony (presumptive 7.5) and 4 to 8 years for a class 4 felony (presumptive 6).

A person under 15. Kidnapping of a child under 15 is a dangerous crime against children. For a defendant who is at least 18 or tried as an adult, a first offense carries 10 to 24 years, with a presumptive term of 17 years, under A.R.S. § 13-705(F). Under § 13-1304(B), it runs consecutively to any other sentence.

Unlawful imprisonment. As a class 1 misdemeanor, it carries up to six months in jail under A.R.S. § 13-707(A) and a fine of up to $2,500 under A.R.S. § 13-802(A), with surcharges added to the fine. As a class 6 felony that is not dangerous, A.R.S. § 13-604(A) lets the court enter a misdemeanor conviction, or leave the offense undesignated during probation, if a felony sentence would be unduly harsh, unless you have two or more prior felony convictions. See our felony defense page.

Was there a restraint at all? The movement or confinement must interfere substantially with the person's liberty. We test whether the facts meet that definition, including how long it lasted and whether the person was free to leave.

Consent and authority. For an adult, the State must show the restraint was accomplished by physical force, intimidation or deception. Messages, witness accounts and timing can show that the person chose to be where they were.

The required intent. Kidnapping is more than restraint. The State must prove that your objective was one of the listed purposes. Without it, the evidence may support only unlawful imprisonment, a lower class. We look at how the State infers intent and whether the facts point elsewhere.

Release and classification. Whether the person was released voluntarily, without physical injury, in a safe place and before arrest can change the class of the offense. We develop these facts early.

Dangerous allegations and injuries. A dangerous allegation raises the sentencing ranges. We look at whether a weapon or dangerous instrument was actually used or displayed in a threatening way, and whether any injury meets the legal threshold.

The full story. Many of these cases begin with a family or relationship conflict and a 911 call. Phone records, location data, video and witnesses who were never interviewed can show what really happened.