A person generally commits the criminal offense of kidnapping by using force or other means of instilling fear to steal, take, hold, detain, abduct, or arrest a person and take them to another location. A person of any age may be a victim of kidnapping.

And a person generally commits the criminal offense of aggravated kidnapping if the person (1) uses force, fear, or fraud upon a victim who is a child under 14 years of age; (2) accompanies the kidnapping with a demand for ransom; (3) causes the victim to suffer serious bodily injury or death; (4) kidnaps a person during a carjacking; (5) uses the victim as a shield or hostage; or (6) exhibits or uses a deadly weapon during the course of the kidnapping.

Kidnapping laws vary from state to state, including definitions and affirmative defenses, such as whether the person taken is related to the kidnapper. Some states have child abduction laws that apply to the abduction of children by parents or relatives when the child is not moved a significant distance (out of county or state). Kidnapping laws are generally located in a state’s statutes—often in the penal or criminal code.

In Arizona, kidnapping is defined under Arizona Revised Statutes §13-1304. A person commits kidnapping by knowingly restraining another person with the intent to: hold the victim for ransom, as a shield or hostage; hold the victim for involuntary servitude; inflict death, physical injury, or a sexual offense on the victim; place the victim or a third person in reasonable apprehension of imminent physical injury; or interfere with the performance of a governmental or political function. Restraint is defined as restricting a person's movements without consent, by moving them from one place to another or by confining them, either by using force, intimidation, or deception, or any means that would not likely be resisted by a child under 14 years of age or an incompetent person. Aggravated kidnapping in Arizona may involve circumstances such as demanding ransom, causing serious bodily injury or death, kidnapping during a carjacking, using the victim as a shield or hostage, or exhibiting or using a deadly weapon during the kidnapping. These factors can elevate the severity of the offense and result in more serious charges and penalties. Arizona law also addresses custodial interference, which can occur when a parent or relative abducts a child, under Arizona Revised Statutes §13-1302. The specific charges and penalties for kidnapping and related offenses can vary based on the details of the crime, including the age of the victim and the kidnapper's intent.