Section 135.25. Kidnapping in the first degree  


Latest version.
  • A  person  is guilty of kidnapping in the first degree when he abducts
      another person and when:
        1. His intent is to compel a third person to pay or deliver  money  or
      property  as  ransom,  or  to  engage in other particular conduct, or to
      refrain from engaging in particular conduct; or
        2. He restrains the person abducted for a period of more  than  twelve
      hours with intent to:
        (a) Inflict physical injury upon him or violate or abuse him sexually;
      or
        (b) Accomplish or advance the commission of a felony; or
        (c) Terrorize him or a third person; or
        (d)  Interfere  with  the  performance  of a governmental or political
      function; or
        3. The person abducted dies during the abduction or before he is  able
      to  return or to be returned to safety. Such death shall be presumed, in
      a case where  such  person  was  less  than  sixteen  years  old  or  an
      incompetent  person at the time of the abduction, from evidence that his
      parents, guardians or other lawful custodians did not see or  hear  from
      him  following  the  termination of the abduction and prior to trial and
      received  no  reliable  information  during  such  period   persuasively
      indicating  that  he  was alive. In all other cases, such death shall be
      presumed from evidence that a person whom the person abducted would have
      been extremely likely to visit or communicate with during the  specified
      period  were  he  alive  and  free to do so did not see or hear from him
      during such period and received  no  reliable  information  during  such
      period persuasively indicating that he was alive.
        Kidnapping in the first degree is a class A-I felony.