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 Georgia, kidnapping is defined under the Official Code of Georgia Annotated (O.C.G.A.) § 16-5-40. The statute outlines that a person commits the offense of kidnapping when they abduct or steal away another person without lawful authority or warrant and hold that person against their will. This can be done by force, threat, or deception. The law does not require the victim to be moved any particular distance for the act to be considered kidnapping. Aggravated kidnapping in Georgia involves circumstances that elevate the severity of the offense, such as kidnapping a child under 14 years of age, demanding a ransom, causing serious bodily injury or death, kidnapping during a carjacking, using the victim as a shield or hostage, or using a deadly weapon during the kidnapping. These factors can lead to more severe penalties under O.C.G.A. § 16-5-44. Georgia law also addresses the abduction of children by parents or relatives, which can be prosecuted under different statutes depending on the specifics of the case, such as interference with custody (O.C.G.A. § 16-5-45). It's important to note that affirmative defenses, such as the victim being a relative of the kidnapper, may apply in certain situations and are also outlined in the state's statutes.