{"id":374500,"date":"2018-10-30T16:40:42","date_gmt":"2018-10-30T21:40:42","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/missouri-law\/missouri-kidnapping-laws.html"},"modified":"2018-11-02T12:35:16","modified_gmt":"2018-11-02T17:35:16","slug":"missouri-kidnapping-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/missouri-law\/missouri-kidnapping-laws.html","title":{"rendered":"Missouri Kidnapping Laws"},"content":{"rendered":"\n
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Missouri Kidnapping Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Kidnapping is a potentially dangerous crime that involves the movement or confinement of another person against their will. Although there are similarities among kidnapping<\/a> statutes, each jurisdiction handles the crime differently.<\/p>\r\n

Degrees of Kidnapping in Missouri<\/h2>\r\n

Missouri divides kidnapping into three degrees. Kidnapping in the first degree is the most serious offense and is classified as a felony<\/a>. In contrast, third degree kidnapping yields a misdemeanor charge unless the offender takes the victim out of state.<\/p>\r\n

Parental Kidnapping Laws in Missouri<\/h2>\r\n

Missouri law also addresses parental kidnapping. There are two applicable offenses: parental kidnapping<\/i> and custodial interference<\/i>. Although custodial interference is a lesser offense, it can be charged as a felony if you leave Missouri with the child.<\/p>\r\n

Explanation of Missouri Kidnapping Laws<\/h2>\r\n

Reading a condensed version of relevant statutes written in simple language can be an effective way to learn about the law. Read the chart below for a basic explanation of Missouri’s kidnapping laws.<\/p>\r\n\r\n

Statutes<\/b><\/p>\r\n<\/td>\r\n

Missouri Revised Statutes:<\/p>\r\n

Kidnapping Offenses<\/b><\/p>\r\n

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 <\/p>\r\n<\/td>\r\n

Kidnapping in the first degree:<\/i><\/b> The non-consensual and unlawful confinement or removal of a person from the place where they were found for purposes of either:<\/p>\r\n

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  • Holding the person for ransom\/reward, or for any other act to be performed or not performed in exchange for their release;<\/li>\r\n
  • Using the person as a shield or hostage;<\/li>\r\n
  • Interfering with the performance of any governmental or political function;<\/li>\r\n
  • Facilitating the commission of any felony or flight after; or<\/i><\/b><\/li>\r\n
  • Inflicting physical injury on or terrorizing the victim or another person.<\/li>\r\n<\/ul>\r\n

    Kidnapping in the second degree:<\/i><\/b> The non-consensual unlawful restraint of a person to the extent that it interferes substantially with their liberty and exposes them to a substantial risk of serious physical injury.<\/p>\r\n

    Kidnapping in the third degree:<\/i><\/b> The non-consensual unlawful restraint of a person to the extent that it interferes substantially with their liberty.<\/p>\r\n

    It’s not<\/i><\/b> kidnapping in the third degree if these conditions apply: The restrained person is a child younger than 17 and:<\/p>\r\n

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    • A parent\/guardian, or other person responsible for supervision of the child has consented; or<\/li>\r\n
    • The actor is a relative (parent, stepparent, ancestor, sibling, uncle or aunt); and the actor’s sole purpose for the restraint is to assume control of the child; and the child isn’t removed from Missouri.<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>

Kidnapping Offenses Involving Children<\/b><\/p>\r\n<\/td>\r\n

Child kidnapping:<\/i><\/b> A non-relative removes or confines a child under 14.<\/p>\r\n

Parental kidnapping:<\/i><\/b> A parent (or individual having a right of custody) removes\/takes\/detains\/conceals or entices away the child with the intent to deprive the custody right of another person who also has the right to custody of the child.<\/p>\r\n

Interference with custody:<\/i><\/b> Knowing that they have no legal right to do so, an individual takes a child or other person who’s been awarded custody to another person or institution.<\/p>\r\n<\/td>\r\n<\/tr>

Possible Penalties<\/b><\/p>\r\n<\/td>\r\n

Kidnapping in the first degree<\/b>:<\/i><\/p>\r\n