Idaho Kidnapping | Schofield and Young

Idaho Kidnapping Charges

Under Idaho Code § 18-4501, Kidnapping occurs when a person:

1. seizes, confines, inveigles, or kidnaps another person with the intent to secretly confine or
   imprison that person against their will or
2. leads, takes, entices away or detains a child under the age of 16, with the intent to keep or
   conceal that child from their custodial parent/guardian or
3. abducts, entices, or, by force or fraud, unlawfully takes or carries away another person from a
   place outside of Idaho and brings that person within Idaho to be kept in secret or
4. seizes, confines, inveigles, leads, takes, entices away, or kidnaps a person, against their will, with
   the intent to extort money, property, or anything of value, or to obtain money, property, reward, or
   anything of value for the return or disposition of the person.

First Degree and Second Degree Kidnapping

Kidnapping can be charged in either first degree or second degree. To be first degree kidnapping, under
I.C. § 18-4502, the kidnapping must have been done for ransom or for the purpose of raping, committing
serious bodily injury, or for committing lewd and lascivious acts on a child under 16.

Any kidnapping not done for ransom, is a second degree kidnapping.

Potential Punishment for Kidnapping

According to I.C. § 18-4504, Kidnapping in the first degree can be punished by either death or life in
prison. The prosecutor must file a notice of intent to seek the death penalty within 30 days after the entry
of plea. The death penalty will not be imposed if the kidnapped person is freed and unharmed.

Kidnapping in the second degree can be punished by no less than 1 year in state prison but no more
than 25 years in state prison.