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 Montana (MT), kidnapping is defined under Montana Code Annotated 45-5-301. The statute outlines that a person commits the offense of kidnapping by knowingly or purposely and without lawful authority restraining another person with the intent to hold the individual for ransom, to facilitate the commission of a felony, to inflict bodily injury or to terrorize the victim or another, or to interfere with the performance of a governmental or political function. Aggravated kidnapping, as per Montana Code Annotated 45-5-303, occurs when the kidnapping involves any of the circumstances you've described, such as the victim being a child under 14 years of age, the kidnapper demanding ransom, causing serious bodily injury or death, committing the act during a carjacking, using the victim as a shield or hostage, or exhibiting or using a deadly weapon. The penalties for kidnapping and aggravated kidnapping are severe and can include life imprisonment. Montana law also recognizes parental kidnapping under certain circumstances, which is addressed separately in the statutes. It's important to note that the specific circumstances of each case can affect the charges and defenses available, and an attorney can provide guidance on the nuances of the law as it applies to individual situations.