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Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 565

Effective - 01 Jan 2017, 2 histories, see footnote bottom

  565.110.  Kidnapping, first degree, penalty. — 1.  A person commits the offense of kidnapping in the first degree if he or she unlawfully removes another person without his or her consent from the place where he or she is found or unlawfully confines another person without his or her consent for a substantial period, for the purpose of:

  (1)  Holding that person for ransom or reward, or for any other act to be performed or not performed for the return or release of that person; or

  (2)  Using the person as a shield or as a hostage; or

  (3)  Interfering with the performance of any governmental or political function; or

  (4)  Facilitating the commission of any felony or flight thereafter; or

  (5)  Inflicting physical injury on or terrorizing the victim or another.

  2.  The offense of kidnapping in the first degree is a class A felony unless committed under subdivision (4) or (5) of subsection 1 of this section in which cases it is a class B felony.

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(L. 1977 S.B. 60, A.L. 2004 H.B. 1487, A.L. 2014 S.B. 491)

Effective 1-01-17

CROSS REFERENCE:

Conviction of offense, on release registration requirements and penalty for failure to comply (Megan's Law), 589.400 to 589.426

(1981) Kidnapping and rape were separate offenses and defendant thus was not punished twice for same offense because confinement and movement of victim were not incidental to commission of rape but increased risk of harm and danger to victim. State v. Stewart (A.), 615 S.W.2d 600.

(1993) For purposes of definition of "forcible compulsion" in section 556.061, age of victim, relationship to defendant and testimony of victim that defendant guided her head and mouth, or that defendant threatened to ground victim, was not sufficient evidence to establish that victim was in reasonable fear of death, serious physical injury or kidnapping under this section as required by conviction for forcible sodomy under section 566.060, RSMo.  State v. Daleske, 866 S.W.2d 476 (Mo. App. W.D.).

(1994) Although, under Missouri statute, crime of kidnapping does not require proof of injury and where kidnapping is not intrinsically violent, crime entails serious potential risk of physical injury to another based on requirement that kidnapping be without person's consent; therefore, kidnapping under Missouri law is violent felony for purposes of enhanced sentencing under federal law.  United States v. Phelps, 17 F.3d 1334 (10th Cir.).


---- end of effective   01 Jan 2017 ----

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565.110 1/1/2017
565.110 6/17/2004 1/1/2017

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