Code of Alabama
Ala. Code § 13A-6-43 (2026)
Kidnapping in the First Degree. (Amended by Act 2026-375)
✓ official Alabama Legislature (ALISON) text, current July 2026
AMENDED BY ACT 2026-375, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) A person commits the crime of kidnapping in the first degree if he abducts another person with intent to
(1) Hold him for ransom or reward; or
(2) Use him as a shield or hostage; or
(3) Accomplish or aid the commission of any felony or flight therefrom; or
(4) Inflict physical injury upon him, or to violate or abuse him sexually; or
(5) Terrorize him or a third person; or
(6) Interfere with the performance of any governmental or political function.
(b) A person does not commit the crime of kidnapping in the first degree if he voluntarily releases the victim alive, and not suffering from serious physical injury, in a safe place prior to apprehension. The burden of injecting the issue of voluntary safe release is on the defendant, but this does not shift the burden of proof. This subsection does not apply to a prosecution for or preclude a conviction of kidnapping in the second degree or any other crime.
(c) Kidnapping in the first degree is a Class A felony.
(Acts 1977, No. 607, p. 812, §2210.)
Notes of Decisions
Cited in 72
cases (10 in the last 5 years), 1984–2026 · leading case: Smith v. State, 797 So. 2d 503 (Ala. Crim. App. 2000).
Smith v. State, 797 So. 2d 503 (Ala. Crim. App. 2000). “) The only difference in the two counts of the indictment was that one count tracked the language of § 13A-6-43(a)(3), kidnapping to accomplish or aid in the commission of a felony, murder, and the other count tracked the language of § 13A-6-43(a)(4), kidnapping by abducting the…”
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. Code 1975 (restriction of victim's movement "without [victim's] consent" is an essential element of abduction, which is an essential element of kidnapping in the first degree).”
Davis v. State, 42 So. 3d 162 (Ala. Crim. App. 2009). “The Commentary to § 13A-6-43 notes that the abductor’s intent to use his victim as a shield or hostage is “life-endangering” and that the purpose need not “be actually accom *169 plished in order for the crime of kidnapping to be committed.”
Sale v. State, 8 So. 3d 330 (Ala. Crim. App. 2008). “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.”
Smith v. State, 838 So. 2d 413 (Ala. Crim. App. 2002). “Pursuant to § 13A-6-43(a), kidnapping in the first degree requires the abduction of another person coupled with *469 one of six different goals of criminal intent: to hold the victim for ransom; to use him as a shield or a hostage; to accomplish or aid in the commission of a…”
State v. White, 362 S.W.3d 559 (Tenn. 2012). “, Ala.Code §§ 13A-6-43 to -44 (West, Westlaw through 2011 Reg.”
Smith v. State, 246 So. 3d 1086 (Ala. Crim. App. 2017). “This Court has previously considered and rejected Smith's argument: "Pursuant to § 13A-6-43(a), [Ala. Code 1975,] kidnapping in the first degree requires the abduction of another person coupled with one of six different goals of criminal intent: to hold the victim for ransom; to…”
Perkins v. State, 808 So. 2d 1041 (Ala. Crim. App. 1999). “" *1085 At trial, the defense theory was that Perkins did not intend to physically harm or to sexually abuse Mrs.”
Baker v. State, 906 So. 2d 210 (Ala. Crim. App. 2001). “Pursuant to § 13A-6-43, Ala.Code 1975, kidnapping in the first degree requires that the perpetrator abduct another person with the intent to hold him for ransom or reward, use him as a shield or hostage, accomplish or aid in the commission of any felony or escape therefrom,…”
Breckenridge v. State, 628 So. 2d 1012 (Ala. Crim. App. 1993). “§ 13A-6-43. A person commits the crime of kidnapping in the second degree if he abducts another person.”
State v. Garcia, 318 P.3d 266 (Wash. 2014). “, Ala. Code § 13A-6-43 (1975); Alaska Stat.”
Lewis v. State, 889 So. 2d 623 (Ala. Crim. App. 2003). “Kidnapping in the first degree is a Class A felony, see § 13A-6-43(c), Ala.Code 1975. Section 13A-4-2(d)(2), Ala.”
— Ala. Code § 13A-6-43(4) — 3 cases
Sale v. State, 8 So. 3d 330 (Ala. Crim. App. 2008). “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.”
T.R.D. v. State, 673 So. 2d 838 (Ala. Crim. App. 1995).
TRD v. State, 673 So. 2d 838 (Ala. Crim. App. 1995).
— Ala. Code § 13A-6-43(a) — 12 cases
Smith v. State, 838 So. 2d 413 (Ala. Crim. App. 2002). “Pursuant to § 13A-6-43(a), kidnapping in the first degree requires the abduction of another person coupled with *469 one of six different goals of criminal intent: to hold the victim for ransom; to use him as a shield or a hostage; to accomplish or aid in the commission of a…”
Smith v. State, 246 So. 3d 1086 (Ala. Crim. App. 2017). “This Court has previously considered and rejected Smith's argument: "Pursuant to § 13A-6-43(a), [Ala. Code 1975,] kidnapping in the first degree requires the abduction of another person coupled with one of six different goals of criminal intent: to hold the victim for ransom; to…”
Sale v. State, 8 So. 3d 330 (Ala. Crim. App. 2008). “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.”
Gaston v. State, 265 So. 3d 387 (Ala. Crim. App. 2018).
Lewis v. State, 57 So. 3d 807 (Ala. Crim. App. 2009).
— Ala. Code § 13A-6-43(a)(1) — 3 cases
Smith v. State, 838 So. 2d 413 (Ala. Crim. App. 2002). “Pursuant to § 13A-6-43(a), kidnapping in the first degree requires the abduction of another person coupled with *469 one of six different goals of criminal intent: to hold the victim for ransom; to use him as a shield or a hostage; to accomplish or aid in the commission of a…”
Smith v. State, 246 So. 3d 1086 (Ala. Crim. App. 2017). “This Court has previously considered and rejected Smith's argument: "Pursuant to § 13A-6-43(a), [Ala. Code 1975,] kidnapping in the first degree requires the abduction of another person coupled with one of six different goals of criminal intent: to hold the victim for ransom; to…”
Donnie Lee Abernathy v. State of Alabama. (Ala. Crim. App. 2025).
— Ala. Code § 13A-6-43(a)(2) — 1 case
Davis v. State, 42 So. 3d 162 (Ala. Crim. App. 2009). “The Commentary to § 13A-6-43 notes that the abductor’s intent to use his victim as a shield or hostage is “life-endangering” and that the purpose need not “be actually accom *169 plished in order for the crime of kidnapping to be committed.”
— Ala. Code § 13A-6-43(a)(3) — 2 cases
Davis v. State, 42 So. 3d 162 (Ala. Crim. App. 2009). “The Commentary to § 13A-6-43 notes that the abductor’s intent to use his victim as a shield or hostage is “life-endangering” and that the purpose need not “be actually accom *169 plished in order for the crime of kidnapping to be committed.”
Smith v. State, 797 So. 2d 503 (Ala. Crim. App. 2000). “) The only difference in the two counts of the indictment was that one count tracked the language of § 13A-6-43(a)(3), kidnapping to accomplish or aid in the commission of a felony, murder, and the other count tracked the language of § 13A-6-43(a)(4), kidnapping by abducting the…”
— Ala. Code § 13A-6-43(a)(4) — 16 cases
Smith v. State, 797 So. 2d 503 (Ala. Crim. App. 2000). “) The only difference in the two counts of the indictment was that one count tracked the language of § 13A-6-43(a)(3), kidnapping to accomplish or aid in the commission of a felony, murder, and the other count tracked the language of § 13A-6-43(a)(4), kidnapping by abducting the…”
Perkins v. State, 808 So. 2d 1041 (Ala. Crim. App. 1999). “" *1085 At trial, the defense theory was that Perkins did not intend to physically harm or to sexually abuse Mrs.”
State v. Alexander, 795 A.2d 1248 (Vt. 2002).
Ingram v. State, 779 So. 2d 1225 (Ala. Crim. App. 1999).
Breckenridge v. State, 628 So. 2d 1012 (Ala. Crim. App. 1993). “§ 13A-6-43. A person commits the crime of kidnapping in the second degree if he abducts another person.”
— Ala. Code § 13A-6-43(a)(5) — 5 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. Code 1975 (restriction of victim's movement "without [victim's] consent" is an essential element of abduction, which is an essential element of kidnapping in the first degree).”
Baker v. State, 87 So. 3d 587 (Ala. Crim. App. 2009).
Weatherford v. State, 251 So. 3d 70 (Ala. Crim. App. 2017).
State v. Lujan, 911 P.2d 562 (Ariz. Ct. App. 1995).
Janice Moncrief, et al. v. City of Montgomery, a Mun. Corp. of the State of Alabama, et al. (M.D. Ala. 2026).
— Ala. Code § 13A-6-43(a)(l) — 1 case
Cummings v. State, 518 So. 2d 241 (Ala. Crim. App. 1987).
— Ala. Code § 13A-6-43(a)(lH6) — 1 case
Cummings v. State, 518 So. 2d 241 (Ala. Crim. App. 1987).
— Ala. Code § 13A-6-43(b) — 5 cases
Boyd v. State, 699 So. 2d 967 (Ala. Crim. App. 1997).
Birdsong v. State, 267 So. 3d 343 (Ala. Crim. App. 2017).
Birdsong v. State, 267 So. 3d 343 (Ala. Crim. App. 2017).
Coleman v. State, 565 So. 2d 685 (Ala. Crim. App. 1990).
Taylor v. State, 452 So. 2d 912 (Ala. Crim. App. 1984).
— Ala. Code § 13A-6-43(c) — 2 cases
Lewis v. State, 889 So. 2d 623 (Ala. Crim. App. 2003). “Kidnapping in the first degree is a Class A felony, see § 13A-6-43(c), Ala.Code 1975. Section 13A-4-2(d)(2), Ala.”
United States v. John Christopher Dobbs (11th Cir. 2020).
— Ala. Code § 13A-6-43(e) — 1 case
State v. La France, 569 A.2d 1308 (N.J. 1990).
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