Statutes

Missouri Revised Statutes:

• Section 565.110 (first degree kidnapping)
• Section 565-120 (second degree kidnapping)
• Section 565-130 (third degree kidnapping)
• Section 565-111 (child kidnapping)
• Section 565.150 (interference with custody)
• Section 565.153 (parental kidnapping)

Kidnapping Offenses

Kidnapping in the first degree: The non-consensual and unlawful confinement or removal of a person from the place where they were found for purposes of either:

• Holding the person for ransom/reward, or for any other act to be performed or not performed in exchange for their release;
• Using the person as a shield or hostage;
• Interfering with the performance of any governmental or political function;
• Facilitating the commission of any felony or flight after; or
• Inflicting physical injury on or terrorizing the victim or another person.

Kidnapping in the second degree: The non-consensual unlawful restraint of a person to the extent that it interferes substantially with their liberty and exposes them to a substantial risk of serious physical injury.

Kidnapping in the third degree: The non-consensual unlawful restraint of a person to the extent that it interferes substantially with their liberty.

It's not kidnapping in the third degree if these conditions apply: The restrained person is a child younger than 17 and:

• A parent/guardian, or other person responsible for supervision of the child has consented; or
• The actor is a relative (parent, stepparent, ancestor, sibling, uncle or aunt); and the actor's sole purpose for the restraint is to assume control of the child; and the child isn't removed from Missouri.

Kidnapping Offenses Involving Children

Child kidnapping: A non-relative removes or confines a child under 14.

Parental kidnapping: A parent (or individual having a right of custody) removes/takes/detains/conceals or entices away the child with the intent to deprive the custody right of another person who also has the right to custody of the child.

Interference with custody: Knowing that they have no legal right to do so, an individual takes a child or other person who's been awarded custody to another person or institution.

Possible Penalties

Kidnapping in the first degree:

• Class A felony, punishable by a maximum sentence of life imprisonment.
• Committed to facilitate the commission of any felony or to inflict physical injury: Class B felony, punishable by up to 15 years imprisonment.

Kidnapping in the second degree: Class D felony, punishable by up to 7 years imprisonment.

Kidnapping in the third degree: Class A misdemeanor unless the restrained person is removed from the state, then it's Class E felony, punishable by incarceration up to 4 years.

Child kidnapping: Class A felony, punishable by a maximum sentence of life imprisonment. Parental kidnapping:

• Class E felony, punishable by incarceration up to 4 years.
• Detainment/concealment of the child for at least 60 days, up to 190 days: Class D felony, punishable up to 7 years imprisonment.
• Detainment/concealment of the child for at least 120 days: Class B felony, punishable by up to 15 years imprisonment.
• In addition to or instead of any sentence, restitution is a possible penalty.

Interference with custody: Class A misdemeanor, unless the person is removed from Missouri, then it's a Class E felony, punishable by incarceration up to 4 years.