Alaska Statutes

Alaska Stat. § 11.41.300 (2026)

Kidnapping

✓ current as of July 2026

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Sec. 11.41.300. Kidnapping.
(a) A person commits the crime of kidnapping if
     (1) the person restrains another with intent to
          (A) hold the restrained person for ransom, reward, or other payment;

          (B) use the restrained person as a shield or hostage;

          (C) inflict physical injury upon or sexually assault the restrained person or place the restrained person or a third person in apprehension that any person will be subjected to serious physical injury or sexual assault;

          (D) interfere with the performance of a governmental or political function;

          (E) facilitate the commission of a felony or flight after commission of a felony;

          (F) commit an offense in violation of AS 11.41.434 — 11.41.438 upon the restrained person or place the restrained person or a third person in apprehension that a person will be subject to an offense in violation of AS 11.41.434 — 11.41.438; or

     (2) the person restrains another
          (A) by secreting and holding the restrained person in a place where the restrained person is not likely to be found; or

          (B) under circumstances which expose the restrained person to a substantial risk of serious physical injury.

(b) In a prosecution under (a)(2)(A) of this section, it is an affirmative defense that
     (1) the defendant was a relative of the victim;

     (2) the victim was a child under 18 years of age or an incompetent person; and

     (3) the primary intent of the defendant was to assume custody of the victim.

(c) Except as provided in (d) of this section, kidnapping is an unclassified felony and is punishable as provided in AS 12.55.

(d) In a prosecution for kidnapping, it is an affirmative defense which reduces the crime to a class A felony that the defendant voluntarily caused the release of the victim alive in a safe place before arrest, or within 24 hours after arrest, without having caused serious physical injury to the victim and without having engaged in conduct described in AS 11.41.410(a), 11.41.420, 11.41.434, or 11.41.436.

Notes of Decisions

Cited in 80 cases (5 in the last 5 years), 1980–2025 · leading case: Yearty v. State, 805 P.2d 987 (Alaska Ct. App. 1991).

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Yearty v. State, 805 P.2d 987 (Alaska Ct. App. 1991). · cites it 14× “See AS 11.41.300(a). Alam held that, when a defendant is charged under AS 11.”

United States v. Davis, 139 S. Ct. 2319 (2019). “, Alaska Stat. § 11.41.300 (a)(2)(B) (2018) ("substantial risk of serious physical injury"); Ohio Rev.”

United States v. Gonzalez-Ramirez, 477 F.3d 310 (5th Cir. 2007). · cites it 3× “Alaska Stat. § 11.41.300 (a)(2), .370(3) (2004); Cal.”

Vachon v. Pugliese, 931 P.2d 371 (Alaska 1996). · cites it 4× “AS 11.41.300 codifies this crime; it is a statutory affirmative defense if the defendant is a relative of the victim, the victim is under 18 years of age, and the defendant's primary intention was to assume custody of the victim.”

United States v. Marlon Flores-Granados, 783 F.3d 487 (4th Cir. 2015). · cites it 3× “Code §§ 13A-6-40, -43, -44; Alaska Stat. § 11.41.300 (a)-(b); Colo Rev.”

Barry v. State, 675 P.2d 1292 (Alaska Ct. App. 1984). · cites it 3× “Shawn Barry was found guilty of kidnapping, AS 11.41.300(a)(1)(C), and sexual assault in the first degree, AS 11.”

State v. White, 362 S.W.3d 559 (Tenn. 2012). “, Alaska Stat. Ann. § 11.41.300 (a)(1) (West, Westlaw through 2011 of the First Reg.”

Garrison v. State, 762 P.2d 465 (Alaska Ct. App. 1988). · cites it 5× “Garrison was convicted, following a jury trial, of kidnapping, AS 11.41.300(a)(1)(C), assault in the first degree, AS 11.”

Hurd v. State, 107 P.3d 314 (Alaska Ct. App. 2005). · cites it 3× “530(a)(1), AS 11.41.300(a)(1)(E), and, AS 11.41.220(a)(1)(A) respectively.”

Soundara v. State, 107 P.3d 290 (Alaska Ct. App. 2005). · cites it 3× “When we have received the superior court’s findings and any memoranda filed by the parties, we shall renew our consideration of whether Juror Stahn should have been dismissed for cause.”

State v. Eagle, 994 P.2d 395 (Ariz. 2000). · cites it 2× “, Alaska Stat. § 11.41.300 (d) (affirmative defense); Ark.”

State v. Garcia, 318 P.3d 266 (Wash. 2014). “Code § 13A-6-43 (1975); Alaska Stat. § 11.41.300 (1978); Abe. Rev.”

Show all 80 citing cases →

— Alaska Stat. § 11.41.300(a) — 9 cases

Yearty v. State, 805 P.2d 987 (Alaska Ct. App. 1991). “See AS 11.41.300(a). Alam held that, when a defendant is charged under AS 11.”

Hurd v. State, 22 P.3d 12 (Alaska Ct. App. 2001).

Crawford v. State, 337 P.3d 4 (Alaska Ct. App. 2014).

Soundara v. State, 107 P.3d 290 (Alaska Ct. App. 2005). “When we have received the superior court’s findings and any memoranda filed by the parties, we shall renew our consideration of whether Juror Stahn should have been dismissed for cause.”

Wardlow v. State, 2 P.3d 1238 (Alaska Ct. App. 2000).

— Alaska Stat. § 11.41.300(a)(1) — 3 cases

Yearty v. State, 805 P.2d 987 (Alaska Ct. App. 1991). “See AS 11.41.300(a). Alam held that, when a defendant is charged under AS 11.”

Wortham v. State, 689 P.2d 1133 (Alaska Ct. App. 1984).

Alexander v. State, 838 P.2d 269 (Alaska Ct. App. 1992).

— Alaska Stat. § 11.41.300(a)(1)(A) — 1 case

Elisey E. Martusheff v. State of Alaska, 474 P.3d 12 (Alaska Ct. App. 2020).

— Alaska Stat. § 11.41.300(a)(1)(B) — 3 cases

Yearty v. State, 805 P.2d 987 (Alaska Ct. App. 1991). “See AS 11.41.300(a). Alam held that, when a defendant is charged under AS 11.”

Albert Peter Macasaet III v. State of Alaska (Alaska Ct. App. 2025).

Albert Peter Macasaet III v. State of Alaska (Alaska Ct. App. 2025).

— Alaska Stat. § 11.41.300(a)(1)(C) — 34 cases

Yearty v. State, 805 P.2d 987 (Alaska Ct. App. 1991). “See AS 11.41.300(a). Alam held that, when a defendant is charged under AS 11.”

Barry v. State, 675 P.2d 1292 (Alaska Ct. App. 1984). “Shawn Barry was found guilty of kidnapping, AS 11.41.300(a)(1)(C), and sexual assault in the first degree, AS 11.”

Spencer v. State, 164 P.3d 649 (Alaska Ct. App. 2007).

Johnson v. State, 328 P.3d 77 (Alaska 2014).

Smithart v. State, 946 P.2d 1264 (Alaska Ct. App. 1997).

— Alaska Stat. § 11.41.300(a)(1)(E) — 7 cases

Yearty v. State, 805 P.2d 987 (Alaska Ct. App. 1991). “See AS 11.41.300(a). Alam held that, when a defendant is charged under AS 11.”

Hurd v. State, 107 P.3d 314 (Alaska Ct. App. 2005). “530(a)(1), AS 11.41.300(a)(1)(E), and, AS 11.41.220(a)(1)(A) respectively.”

Wortham v. State, 689 P.2d 1133 (Alaska Ct. App. 1984).

Hurd v. State, 22 P.3d 12 (Alaska Ct. App. 2001).

Williams v. State, 652 P.2d 478 (Alaska Ct. App. 1982).

— Alaska Stat. § 11.41.300(a)(1)(F) — 1 case

Copeland v. State, 70 P.3d 1118 (Alaska Ct. App. 2003).

— Alaska Stat. § 11.41.300(a)(1)(c) — 1 case

State v. Kalmakoff, 122 P.3d 224 (Alaska Ct. App. 2005).

— Alaska Stat. § 11.41.300(a)(2)(A) — 1 case

Alam v. State, 776 P.2d 345 (Alaska Ct. App. 1989).

— Alaska Stat. § 11.41.300(b) — 1 case

Vachon v. Pugliese, 931 P.2d 371 (Alaska 1996). “AS 11.41.300 codifies this crime; it is a statutory affirmative defense if the defendant is a relative of the victim, the victim is under 18 years of age, and the defendant's primary intention was to assume custody of the victim.”

— Alaska Stat. § 11.41.300(b)(1) — 2 cases

Crump v. State, 625 P.2d 857 (Alaska 1981).

Lythgoe v. State, 626 P.2d 1082 (Alaska 1980).

— Alaska Stat. § 11.41.300(c) — 9 cases

Galbraith v. State, 693 P.2d 880 (Alaska Ct. App. 1985).

Williams v. State, 809 P.2d 931 (Alaska Ct. App. 1991).

Hurd v. State, 107 P.3d 314 (Alaska Ct. App. 2005). “530(a)(1), AS 11.41.300(a)(1)(E), and, AS 11.41.220(a)(1)(A) respectively.”

Wright v. State, 46 P.3d 395 (Alaska Ct. App. 2002).

Johnson v. State, 889 P.2d 1076 (Alaska Ct. App. 1995).

— Alaska Stat. § 11.41.300(d) — 8 cases

Garrison v. State, 762 P.2d 465 (Alaska Ct. App. 1988). “Garrison was convicted, following a jury trial, of kidnapping, AS 11.41.300(a)(1)(C), assault in the first degree, AS 11.”

Soundara v. State, 107 P.3d 290 (Alaska Ct. App. 2005). “When we have received the superior court’s findings and any memoranda filed by the parties, we shall renew our consideration of whether Juror Stahn should have been dismissed for cause.”

Barry v. State, 675 P.2d 1292 (Alaska Ct. App. 1984). “Shawn Barry was found guilty of kidnapping, AS 11.41.300(a)(1)(C), and sexual assault in the first degree, AS 11.”

State v. Dague, 143 P.3d 988 (Alaska Ct. App. 2006).

Laraby v. State, 710 P.2d 427 (Alaska Ct. App. 1985).

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