Under A.R.S. § 13-1304, a person commits kidnapping by knowingly restraining another person with intent to:
- Hold the victim for ransom, as a shield or hostage
- Hold the victim for involuntary servitude
- Inflict death, physical injury or a sexual offense on the victim, or to otherwise aid in the commission of a felony
- Place the victim or a third person in reasonable apprehension of imminent physical injury to the victim or the third person
- Interfere with the performance of a governmental or political function
- Seize or exercise control over any airplane, train, bus, ship or other vehicle
Under most circumstances, kidnapping is a class 2 felony. However, depending on when, where, how, and under what terms a kidnapper releases a victim, the kidnapping is a class 4 or class 3 felony. Under most circumstances, the sentencing follows the standard felony sentencing guidelines, varying on the facts of the crime and Defendant’s prior criminal history. However, if the victim is under fifteen years old, kidnapping is a class 2 felony punishable pursuant to the severer sentencing guidelines of § 13-705.