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 Vermont, kidnapping is defined under Vermont Statutes Title 13, Section 2405. The offense occurs when a person, without lawful authority, forcibly or secretly confines or imprisons another person within the state against their will, or forcibly carries or sends such person out of the state, or in any way kidnaps or abducts another person. Aggravated kidnapping, as per Vermont Statutes Title 13, Section 2406, is a more serious offense and includes situations where the victim is under 16 (not 14 as in some states), the kidnapper intends to extort money or other valuable things, or the kidnapper inflicts bodily harm upon the victim, among other aggravating circumstances. Vermont law also recognizes parental kidnapping under Title 13, Section 2451, which occurs when a parent takes, entices away, keeps, withholds, or conceals a child from another parent or guardian in violation of a custody agreement. The penalties for kidnapping and aggravated kidnapping are severe and can include lengthy prison sentences. It's important to note that affirmative defenses and specific circumstances can significantly affect the legal proceedings and outcomes in kidnapping cases.