According to A.C.A. § 5-11-102A, person commits the offense of kidnapping if, without consent, the person restrains another person so as to interfere substantially with the other person’s liberty with the purpose of:
- Holding the other person for ransom or any act to be performed for the return or release of the kidnapped person.
- Using the other person as a shield or hostage;
- Facilitating the commission of any felony or flight after the felony;
- Inflicting physical injury upon the other person;
- Engaging in sexual intercourse, deviate sexual activity, or sexual contact with the other person;
- Terrorizing the other person or another person; or
- Interfering with the performance of any governmental or political function.
Intent to crime or purpose is a primary element of kidnapping.[i] Restraint without consent is another important element of kidnapping.[ii]
In Arkansas kidnapping is a class Y felony. However, kidnapping is a Class B felony if the defendant shows by preponderance of the evidence that s/he or an accomplice voluntarily released the person restrained alive and in a safe place prior to trial.
For a Class Y felony, the sentence shall be not less than ten years and not more than forty years, or life. For a Class B felony, the sentence shall be not less than five years nor more than twenty years.
Arkansas Crime Information Center (ACIC) is the state agency responsible for providing information technology services to law enforcement and other criminal justice agencies in Arkansas. ACIC also collects and publishes statistics on crime, manages the crime victim notification system, and the state sex offender registry.
[i] Umbaugh v. State, 250 Ark. 50 (Ark. 1971)
[ii] Davis v. State, 365 Ark. 634 (Ark. 2006)