Code of Alabama
Ala. Code § 13A-6-40 (2026)
Definitions.
✓ official Alabama Legislature (ALISON) text, current July 2026
The following definitions apply in this article:
(1) RESTRAIN. To intentionally or knowingly restrict a person’s movements unlawfully and without consent, so as to interfere substantially with his liberty by moving him from one place to another, or by confining him either in the place where the restriction commences or in a place to which he has been moved. Restraint is “without consent” if it is accomplished by:
a. Physical force, intimidation or deception, or
b. Any means, including acquiescence of the victim, if he is a child less than 16 years old or an incompetent person and the parent, guardian or other person or institution having lawful control or custody of him has not acquiesced in the movement or confinement.
(2) ABDUCT. To restrain a person with intent to prevent his liberation by either:
a. Secreting or holding him in a place where he is not likely to be found, or
b. Using or threatening to use deadly physical force.
(3) RELATIVE. A parent or stepparent, ancestor, sibling, uncle or aunt or other lawful custodian, including an adoptive relative of the same degree through marriage or adoption.
(Acts 1977, No. 607, p. 812, §2201.)
Notes of Decisions
Cited in 35
cases (3 in the last 5 years), 1988–2026 · leading case: Ex Parte Baker, 906 So. 2d 277 (Ala. 2004).
Ex Parte Baker, 906 So. 2d 277 (Ala. 2004). “See § 13A-6-40(1), § 13A-6-40(2), and § 13A-6-43(a)(5), Ala.”
United States v. Marlon Flores-Granados, 783 F.3d 487 (4th Cir. 2015). “See Ala.Code §§ 13A-6-40, -43, -44; Alaska Stat.”
Kelley v. State, 246 So. 3d 1032 (Ala. Crim. App. 2014). “" § 13A-6-40(1) a., Ala.Code 1975. Here, the State presented evidence that Emily agreed to leave the club and to go with Kelley to Heath's house.”
United States v. Gonzalez-Ramirez, 477 F.3d 310 (5th Cir. 2007). “Ala.Code §§ 13A-6-40, -44(a) (Lexis Nexis 2005) (requiring intent to prevent liberation); Conn.”
Boyd v. State, 699 So. 2d 967 (Ala. Crim. App. 1997). “The term "abduct" is defined at § 13A-6-40(2), Ala.Code 1975, as follows: "To restrain a person with the intent to prevent his liberation by either: a.”
Lewis v. State, 24 So. 3d 480 (Ala. Crim. App. 2007). “’ § 13A-6-40, Commentary. This Court has previously held that a victim may voluntarily enter the place where she is later restrained against her will, and the crime still constitutes a kidnapping.”
Moody v. Thomas, 89 F. Supp. 3d 1167 (N.D. Ala. 2015). “Code § 13A-5-40(a)(9) (1975), and because Judge Vance was a federal public official and the murder was related to his official position, see Ala.Code § 13A-6-40(a)(ll) (1975). All of the judges of the Tenth Judicial Circuit, which is composed of Jefferson County, recused…”
Sneed v. State, 1 So. 3d 104 (Ala. Crim. App. 2007). “See § 13A-6-40(a)(2), Ala.Code 1975. The record does not reflect that the sentence of death was imposed as the result of the influence of passion, prejudice, or any other arbitrary factor.”
Smith v. State, 838 So. 2d 413 (Ala. Crim. App. 2002). “Section 13A-6-40(1) and (2). Proof of any one of the additional purposes increases the gravity of the offense.”
Eggers v. State, 914 So. 2d 883 (Ala. Crim. App. 2005). “Section 13A-6-40(2), Ala.Code 1975, defines abduct as "[t]o restrain a person with intent to prevent his liberation by either.”
Smith v. State, 246 So. 3d 1086 (Ala. Crim. App. 2017). “The commentary to this kidnapping statute states as follows: " 'Note that none of the purposes listed in § 13A-6-43(a)(1)-(6) must be actually accomplished in order for the crime of kidnapping to be committed; the crime is complete when there is an "abduction," i.e., intentional…”
Perkins v. State, 808 So. 2d 1041 (Ala. Crim. App. 1999). “" Section 13A-6-40(2), Ala.Code 1975, defines "abduct," in pertinent part, as "restrain[ing] a person with intent to prevent his liberation.”
— Ala. Code § 13A-6-40(1) — 10 cases
Ex Parte Baker, 906 So. 2d 277 (Ala. 2004). “See § 13A-6-40(1), § 13A-6-40(2), and § 13A-6-43(a)(5), Ala.”
Smith v. State, 838 So. 2d 413 (Ala. Crim. App. 2002). “Section 13A-6-40(1) and (2). Proof of any one of the additional purposes increases the gravity of the offense.”
Smith v. State, 246 So. 3d 1086 (Ala. Crim. App. 2017). “The commentary to this kidnapping statute states as follows: " 'Note that none of the purposes listed in § 13A-6-43(a)(1)-(6) must be actually accomplished in order for the crime of kidnapping to be committed; the crime is complete when there is an "abduction," i.e., intentional…”
Kelley v. State, 246 So. 3d 1032 (Ala. Crim. App. 2014). “" § 13A-6-40(1) a., Ala.Code 1975. Here, the State presented evidence that Emily agreed to leave the club and to go with Kelley to Heath's house.”
Goff v. State, 572 So. 2d 1283 (Ala. Crim. App. 1990).
— Ala. Code § 13A-6-40(1)(b) — 3 cases
Pruitt v. State, 272 So. 3d 732 (Ala. Crim. App. 2018).
State v. Woodard, 631 So. 2d 1065 (Ala. Crim. App. 1993).
Pruitt v. State, 272 So. 3d 732 (Ala. Crim. App. 2018).
— Ala. Code § 13A-6-40(2) — 16 cases
Eggers v. State, 914 So. 2d 883 (Ala. Crim. App. 2005). “Section 13A-6-40(2), Ala.Code 1975, defines abduct as "[t]o restrain a person with intent to prevent his liberation by either.”
Ex Parte Baker, 906 So. 2d 277 (Ala. 2004). “See § 13A-6-40(1), § 13A-6-40(2), and § 13A-6-43(a)(5), Ala.”
Perkins v. State, 808 So. 2d 1041 (Ala. Crim. App. 1999). “" Section 13A-6-40(2), Ala.Code 1975, defines "abduct," in pertinent part, as "restrain[ing] a person with intent to prevent his liberation.”
United States v. De Jesus Ventura, 565 F.3d 870 (D.C. Cir. 2009).
Kelley v. State, 246 So. 3d 1032 (Ala. Crim. App. 2014). “" § 13A-6-40(1) a., Ala.Code 1975. Here, the State presented evidence that Emily agreed to leave the club and to go with Kelley to Heath's house.”
— Ala. Code § 13A-6-40(2)(a) — 2 cases
United States v. Soto-Sanchez, 623 F.3d 317 (6th Cir. 2010).
Boyd v. State, 699 So. 2d 967 (Ala. Crim. App. 1997). “The term "abduct" is defined at § 13A-6-40(2), Ala.Code 1975, as follows: "To restrain a person with the intent to prevent his liberation by either: a.”
— Ala. Code § 13A-6-40(2)(b) — 1 case
Boyd v. State, 699 So. 2d 967 (Ala. Crim. App. 1997). “The term "abduct" is defined at § 13A-6-40(2), Ala.Code 1975, as follows: "To restrain a person with the intent to prevent his liberation by either: a.”
— Ala. Code § 13A-6-40(a)(10) — 1 case
Reynolds v. State, 114 So. 3d 61 (Ala. Crim. App. 2010).
— Ala. Code § 13A-6-40(a)(2) — 5 cases
Sneed v. State, 1 So. 3d 104 (Ala. Crim. App. 2007). “See § 13A-6-40(a)(2), Ala.Code 1975. The record does not reflect that the sentence of death was imposed as the result of the influence of passion, prejudice, or any other arbitrary factor.”
Hyde v. State, 13 So. 3d 997 (Ala. Crim. App. 2007).
West v. Allen, 868 F. Supp. 2d 1224 (N.D. Ala. 2011).
Kenneth Eugene Billups v. State of Alabama., 72 So. 3d 122 (Ala. Crim. App. 2010).
Loggins v. State, 771 So. 2d 1093 (Ala. 2000).
— Ala. Code § 13A-6-40(a)(ll) — 1 case
Moody v. Thomas, 89 F. Supp. 3d 1167 (N.D. Ala. 2015). “Code § 13A-5-40(a)(9) (1975), and because Judge Vance was a federal public official and the murder was related to his official position, see Ala.Code § 13A-6-40(a)(ll) (1975). All of the judges of the Tenth Judicial Circuit, which is composed of Jefferson County, recused…”
— Ala. Code § 13A-6-40(l) — 3 cases
Patrick Napolean Smith v. State of Alabama., 79 So. 3d 671 (Ala. Crim. App. 2010).
Davis v. State, 42 So. 3d 162 (Ala. Crim. App. 2009).
Bryant v. State, 951 So. 2d 702 (Ala. Crim. App. 1999).
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