Printable Format21-5408. Kidnapping; aggravated kidnapping. (a) Kidnapping is the taking or confining of any person, accomplished by force, threat or deception, with the intent to hold such person:
(1) For ransom, or as a shield or hostage;
(2) to facilitate flight or the commission of any crime;
(3) to inflict bodily injury or to terrorize the victim or another; or
(4) to interfere with the performance of any governmental or political function.
(b) Aggravated kidnapping is kidnapping, as defined in subsection (a), when bodily harm is inflicted upon the person kidnapped.
(c) (1) Kidnapping is a severity level 3, person felony.
(2) Aggravated kidnapping is a severity level l, person felony.
History: L. 2010, ch. 136, ยง 43; July 1, 2011.
Source or Prior Law:
21-3420, 21-3421.
CASE ANNOTATIONS
1. Kidnapping conviction reversed due to insufficient evidence showing different and distinguishable facts supporting confinement element of kidnapping and force element of rape. State v. Olsman, 58 Kan. App. 2d 638, 643-50, 473 P.3d 937 (2020).
2. Gruesome photographs used to prove the elements of the crime, including the manner of death and violent nature of the crime, are relevant and admissible. State v. Morris, 311 Kan. 483, 496, 463 P.3d 417 (2020).
3. Court erred by entering judgments and sentencing defendant on both alternative charges of aggravated kidnapping. State v. Bliss, 61 Kan. App. 2d 76, 83, 498 P.3d 1220 (2021).
4. A court does not err in applying the extreme sexual violence departure factor when sentencing a defendant for an aggravated kidnapping involving a nonconsensual act of sexual intercourse or sodomy. State v. Newman-Caddell, 317 Kan. 251, 264, 527 P.3d 911 (2023).
5. Where jury instructions defined the elements of the crime more narrowly than the complaint, due process considerations required appellate review to measure sufficiency of evidence against the narrower elements in the jury instructions. State v. Couch, 317 Kan. 566, 584, 533 P.3d 630 (2023).
6. Three-part test of State v. Buggs, 219 Kan. 203 (1976), applies when defendant is charged under K.S.A. 21-5408(a)(2), not K.S.A. 21-5408(a)(3). State v. Butler, 317 Kan. 605, 533 P.3d 1022 (2023).
7. Claimant not entitled to recover under statute where claimant was retried and convicted of a lesser included offense based on the same charge. In re Spangler, 318 Kan. 697, 708, 547 P.3d 516 (2024).
8. The state must demonstrate that bodily harm was inflicted upon the person kidnapped. The term "bodily harm" is readily understandable and requires no instructional definition. State v. Moore, 319 Kan. 557, 563, 556 P.3d 466 (2024).