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 Wyoming, kidnapping is defined under Wyoming Statutes § 6-2-201. The statute outlines that a person is guilty of kidnapping if they unlawfully remove another person from their place of residence or business, or if they unlawfully confine another person for a substantial period, with the intent to hold the person for ransom or reward, use them as a shield or hostage, facilitate the commission of a felony, inflict bodily injury or terrorize the victim or another, or interfere with the performance of any governmental or political function. Aggravated kidnapping, which is a more serious offense, is also defined in the same section and includes circumstances such as the victim being a child under 14 years of age, the kidnapper causing serious bodily injury or death, or the use of a deadly weapon during the kidnapping. The penalties for kidnapping can be severe, including life imprisonment if the victim is not voluntarily released substantially unharmed and without having been subjected to a sexual assault. Wyoming law also addresses the abduction of children by parents or relatives, which can be found under the state's family or domestic relations statutes, and these laws consider the rights of custodial and non-custodial parents.