New jersey criminal charge
Kidnapping in New jersey
Kidnapping is a criminal offense under New jersey law, defined by N.J.S.A. 2C:13-1. Its classification is not fixed: New jersey 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 N.J.S.A. 2C:13-1.
What is the penalty for kidnapping in New jersey?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 10 years to 20 years (Kidnapping — base offense — Applies generally to kidnapping under subsections a. or b., except where the victim is released unharmed and safe or where the aggravated victim-under-16 provisions of paragraph (2) apply.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 200000 usd (no statutory minimum) (Kidnapping — base offense — Applies generally to kidnapping under subsections a. or b., except where the victim is released unharmed and safe or where the aggravated victim-under-16 provisions of paragraph (2) apply.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 5 years to 10 years (Kidnapping — victim released unharmed — Applies when the actor releases the kidnapping victim unharmed and in a safe place before being apprehended.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 150000 usd (no statutory minimum) (Kidnapping — victim released unharmed — Applies when the actor releases the kidnapping victim unharmed and in a safe place before being apprehended.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 10 years to 20 years (Kidnapping — victim under 16 with aggravating sexual, child endangerment, or sale/delivery offense — Applies when the kidnapping victim is under 16 and during the kidnapping a sexual offense under 2C:14-2/2C:14-3a, a child endangerment offense under 2C:24-4b, or a sale/delivery of the victim for pecuniary gain occurs, carrying a mandatory sentencing scheme with a 25-year parole disqualifier.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 200000 usd (no statutory minimum) (Kidnapping — victim under 16 with aggravating sexual, child endangerment, or sale/delivery offense — Applies when the kidnapping victim is under 16 and during the kidnapping a sexual offense under 2C:14-2/2C:14-3a, a child endangerment offense under 2C:24-4b, or a sale/delivery of the victim for pecuniary gain occurs, carrying a mandatory sentencing scheme with a 25-year parole disqualifier.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
Applies to current.
How is kidnapping classified in New jersey?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Kidnapping — base offense | crime of the first degree | Applies generally to kidnapping under subsections a. or b., except where the victim is released unharmed and safe or where the aggravated victim-under-16 provisions of paragraph (2) apply. | N.J.S.A. 2C:13-1undefined |
| Kidnapping — victim released unharmed | crime of the second degree | Applies when the actor releases the kidnapping victim unharmed and in a safe place before being apprehended. | N.J.S.A. 2C:13-1undefined |
| Kidnapping — victim under 16 with aggravating sexual, child endangerment, or sale/delivery offense | crime of the first degree | Applies when the kidnapping victim is under 16 and during the kidnapping a sexual offense under 2C:14-2/2C:14-3a, a child endangerment offense under 2C:24-4b, or a sale/delivery of the victim for pecuniary gain occurs, carrying a mandatory sentencing scheme with a 25-year parole disqualifier. | N.J.S.A. 2C:13-1undefined |
Common questions about kidnapping in New jersey
What degree of offense is kidnapping in New Jersey?
It depends on the circumstances: kidnapping ranges from a crime of the second degree to a crime of the first degree in New Jersey under N.J.S.A. 2C:13-1.
Kidnapping — base offense: crime of the first degree (N.J.S.A. 2C:13-1) · Kidnapping — victim released unharmed: crime of the second degree (N.J.S.A. 2C:13-1) · Kidnapping — victim under 16 with aggravating sexual, child endangerment, or sale/delivery offense: crime of the first degree (N.J.S.A. 2C:13-1)
What are the penalties for kidnapping in New Jersey?
Penalties for kidnapping in New Jersey depend on how it is classified — from a crime of the second degree up to a crime of the first degree — with the ranges set by N.J.S.A. 2C:43-6; the full table of ranges by variant is published on this page.
Which New Jersey statute covers kidnapping?
Kidnapping is governed by N.J.S.A. 2C:13-1 (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.