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Virginia criminal charge

Abduction and kidnapping defined in Virginia

Current through 2026 Virginia legislative session

Abduction and kidnapping defined is a criminal offense under Virginia law, defined by Va. Code Ann. § 18.2-47. Its classification is not fixed: Virginia 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 Va. Code Ann. § 18.2-47.

What is the penalty for abduction and kidnapping defined in Virginia?

Penalties for Abduction and kidnapping defined
PenaltyRangeBasisAuthority
Jail / prisonat least 20 years (Abduction of a minor — Abduction of a minor, except as provided in subsection D, is punished as a Class 2 felony.; imprisonment for life or for any term not less than 20 years)mandatoryVa. Code Ann. § 18.2-10
Fineup to $100,000 (Abduction of a minor — Abduction of a minor, except as provided in subsection D, is punished as a Class 2 felony.; only together with imprisonment (§ 18.2-10(g)))discretionaryVa. Code Ann. § 18.2-10
Jail / prison1 years to 10 years (Abduction — general/no other punishment prescribed — Abduction for which no punishment is otherwise prescribed is punished as a Class 5 felony.; or, at the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both (§ 18.2-10(e)))discretionaryVa. Code Ann. § 18.2-10
Fineup to $2,500 (Abduction — general/no other punishment prescribed — Abduction for which no punishment is otherwise prescribed is punished as a Class 5 felony.; with the jail-confinement alternative under § 18.2-10(e))discretionaryVa. Code Ann. § 18.2-10
Jail / prisonup to 12 months (Parental/family abduction in violation of custody or visitation order — A parent or family/household member with ordered custody or visitation who abducts the person in violation of a pending custody/visitation order commits a Class 1 misdemeanor, in addition to contempt liability.)discretionaryVa. Code Ann. § 18.2-11
Fineup to $2,500 (Parental/family abduction in violation of custody or visitation order — A parent or family/household member with ordered custody or visitation who abducts the person in violation of a pending custody/visitation order commits a Class 1 misdemeanor, in addition to contempt liability.; either or both with confinement (§ 18.2-11(a)))discretionaryVa. Code Ann. § 18.2-11
Jail / prison1 years to 5 years (Parental/family abduction with removal from the Commonwealth — If the same parental/family abduction in violation of a custody or visitation order also involves removing the abducted person from the Commonwealth, the offense is a Class 6 felony, in addition to contempt liability.; or, at the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both (§ 18.2-10(f)))discretionaryVa. Code Ann. § 18.2-10
Fineup to $2,500 (Parental/family abduction with removal from the Commonwealth — If the same parental/family abduction in violation of a custody or visitation order also involves removing the abducted person from the Commonwealth, the offense is a Class 6 felony, in addition to contempt liability.; with the jail-confinement alternative under § 18.2-10(f))discretionaryVa. Code Ann. § 18.2-10

Applies to current.

How is abduction and kidnapping defined classified in Virginia?

The classification depends on the circumstances:

Classification variants for Abduction and kidnapping defined
VariantClassificationWhen it appliesStatute
Abduction of a minorClass 2 FelonyAbduction of a minor, except as provided in subsection D, is punished as a Class 2 felony.Va. Code Ann. § 18.2-47C
Abduction — general/no other punishment prescribedClass 5 FelonyAbduction for which no punishment is otherwise prescribed is punished as a Class 5 felony.Va. Code Ann. § 18.2-47C
Parental/family abduction in violation of custody or visitation orderClass 1 MisdemeanorA parent or family/household member with ordered custody or visitation who abducts the person in violation of a pending custody/visitation order commits a Class 1 misdemeanor, in addition to contempt liability.Va. Code Ann. § 18.2-47D
Parental/family abduction with removal from the CommonwealthClass 6 FelonyIf the same parental/family abduction in violation of a custody or visitation order also involves removing the abducted person from the Commonwealth, the offense is a Class 6 felony, in addition to contempt liability.Va. Code Ann. § 18.2-47D

Common questions about abduction and kidnapping defined in Virginia

Is abduction and kidnapping defined a felony or a misdemeanor in Virginia?

It depends on the circumstances: abduction and kidnapping defined ranges from a class 1 misdemeanor to a class 2 felony in Virginia under Va. Code Ann. § 18.2-47.

Abduction of a minor: class 2 felony (Va. Code Ann. § 18.2-47C) · Abduction — general/no other punishment prescribed: class 5 felony (Va. Code Ann. § 18.2-47C) · Parental/family abduction in violation of custody or visitation order: class 1 misdemeanor (Va. Code Ann. § 18.2-47D) · Parental/family abduction with removal from the Commonwealth: class 6 felony (Va. Code Ann. § 18.2-47D)

What are the penalties for abduction and kidnapping defined in Virginia?

Penalties for abduction and kidnapping defined in Virginia depend on how it is classified — from a class 1 misdemeanor up to a class 2 felony — with the ranges set by Va. Code Ann. § 18.2-10 and Va. Code Ann. § 18.2-11; the full table of ranges by variant is published on this page.

Which Virginia statute covers abduction and kidnapping defined?

Abduction and kidnapping defined is governed by Va. Code Ann. § 18.2-47 (Abduction and kidnapping defined; forced labor; punishment).

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.