Kidnapping

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  1. (a) A person commits the offense of kidnapping if, without consent, the person restrains another person so as to interfere substantially with the other person's liberty with the purpose of:

    1. (1) Holding the other person for:

      1. (A) Ransom or reward; or

      2. (B) Any other act to be performed or not performed for the other person's return or release;

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

    3. (3) Facilitating the commission of any felony or flight after the felony;

    4. (4) Inflicting physical injury upon the other person;

    5. (5) Engaging in sexual intercourse, deviate sexual activity, or sexual contact with the other person;

    6. (6) Terrorizing the other person or another person; or

    7. (7) Interfering with the performance of any governmental or political function.

  2. (b)

    1. (1) Kidnapping is a Class Y felony.

    2. (2) However, kidnapping is a Class B felony if the defendant shows by a preponderance of the evidence that he or she or an accomplice voluntarily released the person restrained alive and in a safe place prior to trial.


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