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 Nevada, kidnapping is defined under Nevada Revised Statutes (NRS) 200.310-200.340. The basic offense of kidnapping involves the unlawful taking, detaining, or seizing of another person by force or instilling fear, with the intent to transport them to another place without their consent. This can apply to victims of any age. Aggravated kidnapping, which is a more serious offense, occurs under specific circumstances such as when the victim is a child under 14 years of age, when the kidnapping is accompanied by a ransom demand, when it results in serious bodily harm or death to the victim, during a carjacking, when the victim is used as a shield or hostage, or when a deadly weapon is used during the kidnapping. Nevada law distinguishes between first-degree and second-degree kidnapping, with the former typically involving the aggravating factors mentioned. The penalties for kidnapping are severe and can include life imprisonment, especially for aggravated cases. Nevada also has specific statutes addressing the abduction of children by parents or relatives, which can be prosecuted under different terms depending on the circumstances, such as whether the child was taken out of the county or state.