Kidnapping--Aggravated kidnapping in the first degree--Class of felony.

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22-19-1. Kidnapping--Aggravated kidnapping in the first degree--Class of felony.

Any person who, either unlawfully removes another person from the other's place of residence or employment, or who unlawfully removes another person a substantial distance from the vicinity where the other was at the commencement of the removal, or who unlawfully confines another person for a substantial period of time, with any of the following purposes:

(1)To hold for ransom or reward, or as a shield or hostage; or

(2)To facilitate the commission of any felony or flight thereafter; or

(3)To inflict bodily injury on or to terrorize the victim or another; or

(4)To interfere with the performance of any governmental or political function; or

(5)To take or entice away a child under the age of fourteen years with intent to detain and conceal such child;

is guilty of kidnapping in the first degree. Kidnapping in the first degree is a Class C felony, unless the person has inflicted serious bodily injury on the victim, in which case it is aggravated kidnapping in the first degree and is a Class B felony.

Source: SDC 1939, §13.2701; SL 1939, ch 31, §1; SL 1955, ch 29, §1; SL 1957, ch 32, §1; SL 1976, ch 158, §19-1; SL 1979, ch 160, §3; SL 1993, ch 175, §1; SL 2005, ch 120, §115.


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