Code of Alabama
Ala. Code § 13A-6-44 (2026)
Kidnapping in the Second 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 second degree if he abducts another person.
(b) A person does not commit a crime under this section if:
(1) The abduction is not coupled with intent to use or to threaten to use deadly force,
(2) The actor is a relative of the person abducted, and
(3) The actor’s sole purpose is to assume lawful control of that person.
The burden of injecting the issue of defense under this subsection is on the defendant, but this does not shift the burden of proof.
(c) Kidnapping in the second degree is a Class B felony.
(Acts 1977, No. 607, p. 812, §2211.)
Notes of Decisions
Cited in 18
cases (1 in the last 5 years), 1985–2024 · leading case: Duren v. State, 507 So. 2d 111 (Ala. Crim. App. 1986).
Duren v. State, 507 So. 2d 111 (Ala. Crim. App. 1986). “Alabama Code 1975, § 13A-6-44. Since the trial court instructed the jury that they could consider either one aggravating circumstance or the other, since the jury's verdict that the defendant was guilty of the capital offense meant that the State had already established the…”
Hall v. State, 863 So. 2d 1079 (Ala. 2003). “Code 1975, § 13A-8-41, and four counts of kidnapping in the second degree, violations of Ala.Code 1975, § 13A-6-44. Hall was sentenced to life imprisonment on each of the robbery convictions, and to 20 years’ imprisonment on each of the kidnapping convictions.”
United States v. Marlon Flores-Granados, 783 F.3d 487 (4th Cir. 2015). “Code § 13A-6-43 (first degree kidnapping requires nefarious purpose), with Ala. Code § 13A-6-44 (second degree kidnapping does not).”
Breckenridge v. State, 628 So. 2d 1012 (Ala. Crim. App. 1993). “§§ 13A-6-44(a)(3), -44(a)(4), and -44(a)(5).”
Washington v. State, 214 So. 3d 1225 (Ala. Crim. App. 2015). “Code 1975, and second-degree kidnapping, see § 13A-6-44, Ala.Code 1975. The circuit court sentenced Washington as a habitual offender to life in prison without the possibility of parole for his felony-murder conviction and life in prison for his second-degree-kidnapping…”
Morgan v. State, 641 So. 2d 834 (Ala. Crim. App. 1992). “The appellant was indicted on three counts of enticement, in violation of § 13A-6-69, Code of Alabama 1975, one count of kidnap *835 ping in the second degree, in violation of § 13A-6-44, Code of Alabama 1975, and one count of possession of obscene material, in violation of §…”
Hudson v. State, 623 So. 2d 387 (Ala. Crim. App. 1993). “Ala.Code, § 13A-6-44(c). The term of imprisonment for a Class B felony is “not more than 20 years or less than 2 years.”
Newton v. State, 540 So. 2d 800 (Ala. Crim. App. 1988). “” Ala.Code § 13A-6-44(a) (1975). Section 13A-6-40(2), Code of Alabama, 1975 defines abduct as follows: “ABDUCT: To restrain a person with intent to prevent his liberation by either: “a.”
Carter v. Morgan (S.D. Ala. 2024). “Carter was indicted for second-degree kidnapping pursuant to Ala. Code § 13A-6-44. (Doc. 22-1 at 36). That statute provides that a person “commits the crime of kidnapping in the second degree if he abducts another person.”
Hinton v. State, 668 So. 2d 48 (Ala. Crim. App. 1993). “The appellant, Terry Lee Hinton, pleaded guilty to the offenses of robbery in the third degree, a violation of § 13A-8-43, Code of Alabama 1975, and kidnapping in the second degree, a violation of § 13A-6-44. He was sentenced as a habitual felony offender to 15 years’…”
Mayes v. State, 612 So. 2d 1328 (Ala. Crim. App. 1992). “The appellant, Rick Mayes, was convicted of kidnapping in the second degree and of robbery in the third degree, violations of § 13A-6-44 and § 13A-8-43, Code of Alabama 1975, respectively.”
Staten v. State, 622 So. 2d 1319 (Ala. Crim. App. 1992). “§ 13A-6-44. “A person is guilty of an attempt to commit a crime if, with the intent to commit a specific offense, he does any overt act towards the commission of such offense.”
— Ala. Code § 13A-6-44(a) — 2 cases
Washington v. State, 214 So. 3d 1225 (Ala. Crim. App. 2015). “Code 1975, and second-degree kidnapping, see § 13A-6-44, Ala.Code 1975. The circuit court sentenced Washington as a habitual offender to life in prison without the possibility of parole for his felony-murder conviction and life in prison for his second-degree-kidnapping…”
Newton v. State, 540 So. 2d 800 (Ala. Crim. App. 1988). “” Ala.Code § 13A-6-44(a) (1975). Section 13A-6-40(2), Code of Alabama, 1975 defines abduct as follows: “ABDUCT: To restrain a person with intent to prevent his liberation by either: “a.”
— Ala. Code § 13A-6-44(a)(3) — 1 case
Breckenridge v. State, 628 So. 2d 1012 (Ala. Crim. App. 1993). “§§ 13A-6-44(a)(3), -44(a)(4), and -44(a)(5).”
— Ala. Code § 13A-6-44(b) — 1 case
Carter v. Morgan (S.D. Ala. 2024). “Carter was indicted for second-degree kidnapping pursuant to Ala. Code § 13A-6-44. (Doc. 22-1 at 36). That statute provides that a person “commits the crime of kidnapping in the second degree if he abducts another person.”
— Ala. Code § 13A-6-44(c) — 1 case
Hudson v. State, 623 So. 2d 387 (Ala. Crim. App. 1993). “Ala.Code, § 13A-6-44(c). The term of imprisonment for a Class B felony is “not more than 20 years or less than 2 years.”
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