(a) A person is guilty of kidnapping if he unlawfully removes another from his place of residence or business, or a substantial distance from the vicinity where he is found, or if he unlawfully confines another for a substantial period, with any of the following purposes: (1) to hold for ransom or reward; (2) to facilitate commission of any felony or flight thereafter; (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. (b) Kidnapping is a felony of the first degree unless the defendant voluntarily releases the victim alive and in a safe place prior to trial, in which case it is a felony of the second degree. In the case of kidnapping as a felony of the first degree, the court shall impose a sentence of imprisonment of a minimum term of ten (10) years and may impose a maximum sentence of up to twenty-five (25) years; said minimum term shall not be suspended nor probation be imposed in lieu of such minimum term nor shall parole or work release be granted before completion of the minimum term. The sentence shall include a special parole term of not less than three (3) years in addition to such term of imprisonment. (c) A removal or confinement is unlawful within the meaning of this section if it is accomplished by force, threat or deception, or, in the case of a person who is under the age of fourteen (14) or incompetent, if it is accomplished without the consent of a parent, guardian or other person responsible for general supervision of his welfare.
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SOURCE: G.P.C. §§ 207-209, 236, 237, 265, 266a, 267; *M.P.C § 212.1; Cal. §§ 1530, 1531 (T.D. 1967); Cal. § 870 (1971); Mass. Ch. 265, § 13; N.J. § 2c:13-1. Enacted 1977; subsection (b) was amended by P.L. 14-143, eff. 10/01/78. 2018 NOTE: Review of Law Revision documents and past print and online publications of this provision revealed that the punctuation mark following the word “found” in subection (a) should be a comma and not semicolon. This manifest error has been corrected by the Compiler pursuant to the authority in 1 GCA § 1606. CROSS-REFERENCES: See 9 GCA §§ 80.32 and 80.38(b).