Montana Kidnapping/Abduction Laws


According to Mont. Code Anno., § 45-5-302,a person commits the offense of kidnapping if s/he knowingly or purposely and without lawful authority restrains another person by either secreting or holding the other person in a place of isolation or by using or threatening to use physical force.  According to Mont. Code Anno., § 45-5-303 .a person commits the offense of aggravated kidnapping if s/he knowingly or purposely and without lawful authority restrains another person by either secreting or holding the other person in a place of isolation or by using or threatening to use physical force, with any of the following purposes:

  • to hold for ransom or reward or as a shield or hostage;
  • to facilitate commission of any felony or flight thereafter;
  • to inflict bodily injury on or to terrorize the victim or another;
  • to interfere with the performance of any governmental or political function; or
  • to hold another in a condition of involuntary servitude.

A person convicted of the offense of kidnapping shall be imprisoned in the state prison for a term of not less than 2 years or more than 10 years and may be fined not more than $ 50,000.  A person convicted of the offense of aggravated kidnapping shall be punished by death or life imprisonment as or be imprisoned in the state prison for a term of not less than 2 years or more than 100 years and may be fined not more than $ 50,000.  If the offender voluntarily released the victim alive, in a safe place, and with no serious bodily injury, s/he shall be imprisoned in the state prison for a term of not less than 2 years or more than 10 years and may be fined not more than $ 50,000.

Montana Department of Justice preserves and protects the safety and security of citizens in Montana.  Division of Criminal Investigations provides direct assistance in a broad range of criminal investigations.

Montana Department of Justice