According to A.R.S. § 13-1304 a person commits kidnapping by knowingly restraining another person with the intent to:
- Hold the victim for ransom, as a shield or hostage; or
- Hold the victim for involuntary servitude; or
- Inflict death, physical injury or a sexual offense on the victim, or to otherwise aid in the commission of a felony; or
- Place the victim or a third person in reasonable apprehension of imminent physical injury to the victim or the third person; or
- Interfere with the performance of a governmental or political function; or
- Seize or exercise control over any airplane, train, bus, ship or other vehicle.
In Arizona, Kidnapping is a class 2 felony if the defendant does not voluntarily release the victim without physical injury before arrest and before committing any other offense. If the victim is released voluntarily without physical injury in a safe place before arrest and before accomplishing any further offenses it is a class 4 felony. If the victim is released pursuant to an agreement with the state and without any physical injury, it is a class 3 felony. If the victim is under fifteen years of age kidnapping is a class 2 felony and the defendant shall be sentenced to life imprisonment. The sentence shall run consecutively to any other sentence imposed on the defendant and to any undischarged term of imprisonment of the defendant.
The elements of kidnapping are (1) knowingly, (2) restraining another person, (3) with the intent, (4) to place the victim in a reasonable apprehension of imminent physical injury or to seize or exercise control over a vehicle.[i]
The punishment for a Class 2 felony is imprisonment for not more than 10 years and not less than 4 years. A class 3 felony is punishable by imprisonment for not more than 7 years and not less than 2.5 years. Class 4 felonies are punishable by imprisonment for not more than 3.75 years and not less than 1.5 years.
The Arizona Department of Public Safety protects and provids state-level law enforcement services to the public. The department works closely with agencies that work for public safety.
[i] State v. Newman, 141 Ariz. 554, 559 (Ariz. 1984)