According to HRS § 707-720 a person is guilty of kidnapping if s/he intentionally or knowingly restrains another person with intent to:
- Hold that person for ransom or reward;
- Use that person as a shield or hostage;
- Facilitate the commission of a felony or flight thereafter;
- Inflict bodily injury upon that person or subject that person to a sexual offense;
- Terrorize that person or a third person;
- Interfere with the performance of any governmental or political function; or
- Unlawfully obtain the labor or services of that person, regardless of whether related to the collection of a debt.
Kidnapping is a class A felony. However, if the defendant voluntarily releases the victim, alive without inflicting any serious bodily injury, in a safe place prior to trial, the offense is a Class B felony.
The elements of kidnapping are intentional restraint, intent to (a) hold for ransom, or (b) use as a hostage or shield, or (c) facilitate the commission of a felony or (d) inflict bodily injury or commit sexual offense upon the victim or (e) terrorize the victim or (f) interference with the performance of governmental function or (g) unlawfully obtain the services of the victim.
According to HRS § 706-659 Class A felony is punishable with indeterminate term of imprisonment of 20 years without the possibility of suspension of sentence or probation. A person who has been convicted of a Class A felony will be sentenced to pay a fine of $50,000. A person who has been convicted of a Class B felony will be sentenced to pay a fine of $25,000. The maximum length of imprisonment for a Class B felony is 10 years.
The Sheriff Division of the Department of Public Safety carries out law enforcement services in Hawaii. Its mission is to preserve the peace by protecting all persons and property within premises under the control of the Judiciary and all State facilities.
The Sheriff Division of the Department of Public Safety