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 Ohio, kidnapping is defined under Ohio Revised Code Section 2905.01. A person can be charged with kidnapping if they remove or restrain another person by force, threat, or deception, with the intent to hold the victim for ransom, as a shield or hostage, to facilitate the commission of a felony, to terrorize or inflict serious physical harm on the victim or another, to engage in sexual activity against the victim's will, or to hinder, impede, or obstruct a government function. Aggravated kidnapping is not a separate offense in Ohio; however, certain factors can elevate the severity of the kidnapping charge, such as the victim being under 13 years of age, the offender inflicting serious physical harm on the victim, or the offender having a sexual motivation. These factors can lead to more severe penalties. Ohio law also addresses the abduction of children by parents or relatives under Section 2919.23, which is known as interference with custody and can apply even if the child is not moved a significant distance. The penalties for kidnapping in Ohio are severe and can range from prison terms to fines, depending on the circumstances of the case and the presence of any aggravating factors.
