Under Kentucky law, there are several individual crimes recognized that most people would probably group under the more general concept of kidnapping. These crimes are defined in detail under Kentucky Revised Statutes Chapter 509. The charges associated with them range from Class A misdemeanors up to Class A felonies and, in some circumstances, can even become a capital offense (punishable by life in prison or the death penalty). Most forms of kidnapping charges are at least a class D felony.
A conviction for any type of kidnapping charge can have serious and long-lasting consequences. If you’ve been accused of committing any type of kidnapping-related offense, it is absolutely crucial that you speak with an experienced Kentucky criminal defense attorney as soon as possible. Any delay in doing so could be detrimental to your case and your chances of a positive outcome.
Kentucky Revised Statutes Chapter 509 defines the following crimes related to kidnapping:
- Unlawful imprisonment in the first degree
- Unlawful imprisonment in the second degree
- Custodial interference
Following are their exact definitions:
KRS § 509.040 Unlawful Imprisonment In The First Degree
The law states that a person is guilty of the crime of unlawful imprisonment in the first degree when they knowingly and unlawfully restrains another person under circumstances which expose that person to a risk of serious physical injury.
A conviction on this charge will be punished as a Class D felony.
KRS § 509.030 Unlawful Imprisonment In The Second Degree
Under Kentucky law, someone is guilty of unlawful imprisonment in the second degree when they knowingly and unlawfully restrains another person but there is no risk of serious physical injury.
A conviction on this charge is punishable as a Class A misdemeanor.
KRS § 509.040 Kidnapping
The charge of kidnapping is the longest and most detailed section of chapter 509. It includes exact definitions of the crime under Kentucky law as well as the various possible penalties that can be imposed under different circumstances. Depending on the exact situation, kidnapping can be charged as a Class B felony, a Class A felony, or a capital offense.
- A person is guilty of kidnapping
when he unlawfully restrains another person and when his intent is:
- To hold him for ransom or reward; or
- To accomplish or to advance the commission of a felony; or
- To inflict bodily injury or to terrorize the victim or another; or
- To interfere with the performance of a governmental or political function; or
- To use him as a shield or hostage; or
- To deprive the parents or guardian of the custody of a minor, when the person taking the minor is not a person exercising custodial control or supervision of the minor as the term “person exercising custodial control or supervision” is defined in KRS § 600.020.
- Kidnapping is a Class B felony when the victim is released alive and in a safe place prior to trial, except as provided in this section.
- Kidnapping is a Class A felony
when the victim is released alive but the victim has suffered serious physical
- During the kidnapping; or
- As a result of not being released in a safe place; or
- As a result of being released in any circumstances which are intended, known or should have been known to cause or lead to serious physical injury.
- Kidnapping is a capital offense
when the victim is not released alive or when the victim is released alive but
subsequently dies as a result of:
- Serious physical injuries suffered during the kidnapping; or
- Not being released in a safe place; or
- Being released in any circumstances which are intended, known or should have been known to cause or lead to the victim’s death.
KRS § 509.070 Custodial Interference
A person is guilty of custodial interference when, knowing that they have no legal right
to do so, they take, entice or keep from lawful custody any mentally disabled or
other person entrusted by authority of law to the custody of another person or to an
Custodial interference is punishable as a Class D felony. It is, however, possible that this type of charge may be reduced or dropped if the person taken from custody is returned by the defendant before they are arrested or an arrest warrant is issued.
Possible Penalties For Kidnapping In Kentucky
Punishment for any crime can vary depending on circumstances, attorney negotiations, judges, etc. There are, however, some general guidelines for the usual sentences imposed for the various classifications of crimes that exist under Kentucky law. They can be found under KRS § 532.020 and 532.030. Following are some of the possible penalties for the types of crimes mentioned above.
- Class A Misdemeanor – 90 days to 12 months in prison
- Class D Felony – 1 to 5 years in prison
- Class C Felony – 5 to 10 years in prison
- Class B Felony – 10 to 20 years in prison
- Class A Felony – 20 to 50 years or life in prison
- Capital Offenses –
- Life in prison
- Life in prison with no possibility for parole
- 20 to 50 years in prison
Contact An Experienced Kentucky Criminal Defense Lawyer
At Baldani Law Group, our team has over 100 years of combined experience. We have the knowledge, the drive, and the dedication to get the best possible results for your Kentucky criminal case.
If you’ve been accused of kidnapping or any other criminal offense in the state of Kentucky, speaking with a competent criminal defense attorney and getting to work on planning your defense as quickly as possible is critical for achieving good results.
Contact us online anytime or call (866) 906-2629 to schedule a free consultation. We’ll go over the details of your case and discuss exactly what we can do to help you.