Indiana Kidnapping Laws

An abduction or a kidnapping is a highly dangerous crime that can be committed for various reasons, such as holding the victim for a ransom. Sometimes the kidnapping itself is the perpetrator's endgame, but this crime often is done in relation to other crimes such as sexual assault or trafficking. Regardless of the motive, the risk of serious injury or death is high and thus the crime is taken very seriously.

Kidnapping vs. Confinement

In Indiana, if you knowingly remove another person from their location under the circumstances laid out in the statute, then you can be charged with kidnapping. The confinement statute is pretty much identical to the one for kidnapping, except that kidnapping requires a removal and criminal confinement requires a confinement without the victim's consent.

Summary of Indiana Kidnapping Laws

Although the similar statutes that address kidnapping and confinement aren't that complex (especially compared to other statutes) it's still useful to unpack the law by referring to a simplified version of the text. Read on to learn more about Indiana's kidnapping laws in a concise summary.

Statutes

Indiana Code:

 

Kidnapping Offenses

 

Level 6 Kidnapping: Knowingly and intentionally removes an individual by fraud, enticement, force, or threat of force, from one place to another.

Penalty: Incarceration of up to 2.5 years, fine of up to $10,000

Level 5 Kidnapping: Kidnapping is upgraded to Level 5 if:

  • The removed person is less than 14 and is not the perpetrator's child;
  • It's committed by using a vehicle; or
  • It results in bodily injury to anyone other than the perpetrator.

Penalty: Incarceration of 1-6 years, fine of up to $10,000.

Level 3 Kidnapping: When the kidnapping includes the following elements:

  • Committed while armed with a deadly weapon;
  • Results in serious bodily injury to anyone other than the perpetrator; or
  • Committed on an aircraft.

Penalty: Incarceration of 3-16 years, fine of up to $10,000.

Level 2 Kidnapping: When the kidnapping includes the following elements:

  • With the intent to obtain ransom;
  • While hijacking a vehicle;
  • With the intent to obtain the release, or intent to help with the escape, of any person from lawful incarceration; or
  • With the intent to use the person removed person as a human shield or hostage.

Penalty: Incarceration of 10-30 years, fine of up to $10,000.

Confinement Offenses

Level 6 Confinement: Knowingly or intentionally confining an individual without the person's consent.

Penalty: Incarceration of up to 2.5 years, fine of up to $10,000

Level 5 Confinement: When the confinement includes the following:

  • The confined person is less than 14 and isn't the perpetrator's child;
  • Committed by using a vehicle; or
  • Results in bodily injury to anyone other than the perpetrator.

Penalty: Incarceration of 1-6 years, fine of up to $10,000.

Level 3 felony Confinement: When the confinement includes the following:

  • Committed while armed with a deadly weapon;
  • Results in serious bodily injury to a person other than the perpetrator;
  • Committed in an aircraft.

Penalty: Incarceration of 3-16 years, fine of up to $10,000.

Level 2 Confinement: When the confinement was performed:

  • With the intent to obtain ransom;
  • While hijacking a vehicle;
  • With the intent to obtain the release, or intent to help in the escape of any person from lawful incarceration; or
  • With the intent to use the person as a human shield or hostage.

Penalty: Incarceration of 10-30 years, fine of up to $10,000.

Related Offenses

Indiana Code:

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Indiana Kidnapping Laws: Related Resources

Get an Attorney's Help for Your Indiana Kidnapping Case

Because kidnapping is such a serious crime, the penalties are strict and a conviction can result in costly fines and the loss of freedom due to incarceration. If you're accused of committing kidnapping or confinement, it's important to remember that you're innocent until the prosecution can prove every element of its case against you beyond a reasonable doubt, including your intent at the time. Because of this, it's critical to have an experienced Indiana criminal defense attorney at your side who can help in evaluating and gathering the evidence in your case.

Next Steps: Search for a Local Attorney

Contact a qualified attorney.