Indiana criminal charge
Kidnapping in Indiana
Kidnapping is a criminal offense under Indiana law, defined by Ind. Code § 35-42-3-2. Its classification is not fixed: Indiana assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Ind. Code § 35-42-3-2.
What is the penalty for kidnapping in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 6 months to 30 months (Kidnapping (base offense) — Knowingly or intentionally removing another person by fraud, enticement, force, or threat of force from one place to another, unless subsection (b) applies.; fixed term; advisory sentence 1 year; court may enter judgment of conviction as a Class A misdemeanor in limited circumstances (IC 35-50-2-7(c))) | presumptive | Ind. Code § 35-50-2-7 |
| Fine | up to $10,000 (Kidnapping (base offense) — Knowingly or intentionally removing another person by fraud, enticement, force, or threat of force from one place to another, unless subsection (b) applies.) | discretionary | Ind. Code § 35-50-2-7 |
| Jail / prison | 1 years to 6 years (Kidnapping — victim under 14, vehicle used, or bodily injury — The removed person is under 14 and not the removing person's child, or the offense is committed using a vehicle, or it results in bodily injury to a person other than the removing person.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Kidnapping — victim under 14, vehicle used, or bodily injury — The removed person is under 14 and not the removing person's child, or the offense is committed using a vehicle, or it results in bodily injury to a person other than the removing person.) | discretionary | Ind. Code § 35-50-2-6 |
| Jail / prison | 2 years to 12 years (Kidnapping — moderate bodily injury — The offense results in moderate bodily injury to a person other than the removing person.; fixed term; advisory sentence 6 years) | presumptive | Ind. Code § 35-50-2-5.5 |
| Fine | up to $10,000 (Kidnapping — moderate bodily injury — The offense results in moderate bodily injury to a person other than the removing person.) | discretionary | Ind. Code § 35-50-2-5.5 |
| Jail / prison | 3 years to 16 years (Kidnapping — armed, serious bodily injury, or on aircraft — The offense is committed while armed with a deadly weapon, results in serious bodily injury to a person other than the removing person, or is committed on an aircraft.; fixed term; advisory sentence 9 years) | presumptive | Ind. Code § 35-50-2-5 |
| Fine | up to $10,000 (Kidnapping — armed, serious bodily injury, or on aircraft — The offense is committed while armed with a deadly weapon, results in serious bodily injury to a person other than the removing person, or is committed on an aircraft.) | discretionary | Ind. Code § 35-50-2-5 |
| Jail / prison | 10 years to 30 years (Kidnapping — ransom, hijacking, aiding escape, or hostage/shield — The offense is committed with intent to obtain ransom, while hijacking a vehicle, with intent to obtain release or aid escape of a person from lawful incarceration, or with intent to use the removed person as a shield or hostage.; fixed term; advisory sentence 17 1/2 years) | presumptive | Ind. Code § 35-50-2-4.5 |
| Fine | up to $10,000 (Kidnapping — ransom, hijacking, aiding escape, or hostage/shield — The offense is committed with intent to obtain ransom, while hijacking a vehicle, with intent to obtain release or aid escape of a person from lawful incarceration, or with intent to use the removed person as a shield or hostage.) | discretionary | Ind. Code § 35-50-2-4.5 |
Applies to offenses committed after June 30, 2014 (P.L.158-2013).
How is kidnapping classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Kidnapping (base offense) | Level 6 Felony | Knowingly or intentionally removing another person by fraud, enticement, force, or threat of force from one place to another, unless subsection (b) applies. | Ind. Code § 35-42-3-2(a) |
| Kidnapping — victim under 14, vehicle used, or bodily injury | Level 5 Felony | The removed person is under 14 and not the removing person's child, or the offense is committed using a vehicle, or it results in bodily injury to a person other than the removing person. | Ind. Code § 35-42-3-2(b) |
| Kidnapping — moderate bodily injury | Level 4 Felony | The offense results in moderate bodily injury to a person other than the removing person. | Ind. Code § 35-42-3-2(b) |
| Kidnapping — armed, serious bodily injury, or on aircraft | Level 3 Felony | The offense is committed while armed with a deadly weapon, results in serious bodily injury to a person other than the removing person, or is committed on an aircraft. | Ind. Code § 35-42-3-2(b) |
| Kidnapping — ransom, hijacking, aiding escape, or hostage/shield | Level 2 Felony | The offense is committed with intent to obtain ransom, while hijacking a vehicle, with intent to obtain release or aid escape of a person from lawful incarceration, or with intent to use the removed person as a shield or hostage. | Ind. Code § 35-42-3-2(b) |
Common questions about kidnapping in Indiana
Is kidnapping a felony or a misdemeanor in Indiana?
It depends on the circumstances: kidnapping ranges from a Level 6 Felony to a Level 2 Felony in Indiana under Ind. Code § 35-42-3-2.
Kidnapping (base offense): Level 6 Felony (Ind. Code § 35-42-3-2(a)) · Kidnapping — victim under 14, vehicle used, or bodily injury: Level 5 Felony (Ind. Code § 35-42-3-2(b)) · Kidnapping — moderate bodily injury: Level 4 Felony (Ind. Code § 35-42-3-2(b)) · Kidnapping — armed, serious bodily injury, or on aircraft: Level 3 Felony (Ind. Code § 35-42-3-2(b)) · Kidnapping — ransom, hijacking, aiding escape, or hostage/shield: Level 2 Felony (Ind. Code § 35-42-3-2(b))
What are the penalties for kidnapping in Indiana?
Penalties for kidnapping in Indiana depend on how it is classified — from a Level 6 Felony up to a Level 2 Felony — with the ranges set by Ind. Code § 35-50-2-7, Ind. Code § 35-50-2-6, Ind. Code § 35-50-2-5.5, Ind. Code § 35-50-2-5 and Ind. Code § 35-50-2-4.5; the full table of ranges by variant is published on this page.
Which Indiana statute covers kidnapping?
Kidnapping is governed by Ind. Code § 35-42-3-2 (Kidnapping).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.