565.110. Kidnapping--penalty. - Missouri Statutes

Kidnapping--penalty.

565.110. 1. A person commits the crime of kidnapping if he or sheunlawfully removes another without his or her consent from the place wherehe or she is found or unlawfully confines another without his or herconsent for a substantial period, for the purpose of

(1) Holding that person for ransom or reward, or for any other act tobe performed or not performed for the return or release of that person; or

(2) Using the person as a shield or as a hostage; or

(3) Interfering with the performance of any governmental or politicalfunction; or

(4) Facilitating the commission of any felony or flight thereafter;or

(5) Inflicting physical injury on or terrorizing the victim oranother.

2. Kidnapping is a class A felony unless committed under subdivision(4) or (5) of subsection 1 in which cases it is a class B felony.

(L. 1977 S.B. 60, A.L. 2004 H.B. 1487)

Effective 6-17-04

CROSS REFERENCE:

Conviction of offense, on release registration requirements and penalty for failure to comply (Megan's Law), RSMo 589.400 to 589.425

(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.).

(2005) Removal of a child from court-ordered care, custody, and control does not constitute interference with the performance of governmental or political function under kidnapping statute. Spier v. State, 174 S.W.3d 539 (Mo.App.E.D.).