Ariz. Rev. Stat. » Title 13
Arizona Revised Statutes

Ariz. Rev. Stat. § 13-1304 (2026)

Kidnapping; classification; consecutive sentence

✓ current as of May 2026
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A. A person commits kidnapping by knowingly restraining another person with the intent to:

1. Hold the victim for ransom, as a shield or hostage; or

2. Hold the victim for involuntary servitude; or

3. Inflict death, physical injury or a sexual offense on the victim, or to otherwise aid in the commission of a felony; or

4. Place the victim or a third person in reasonable apprehension of imminent physical injury to the victim or the third person; or

5. Interfere with the performance of a governmental or political function; or

6. Seize or exercise control over any airplane, train, bus, ship or other vehicle.

B. Kidnapping is a class 2 felony unless the victim is released voluntarily by the defendant without physical injury in a safe place before arrest and before accomplishing any of the further enumerated offenses in subsection A of this section in which case it is a class 4 felony. If the victim is released pursuant to an agreement with the state and without any physical injury, it is a class 3 felony. If the victim is under fifteen years of age kidnapping is a class 2 felony punishable pursuant to section 13-705. The sentence for kidnapping of a victim under fifteen years of age shall run consecutively to any other sentence imposed on the defendant and to any undischarged term of imprisonment of the defendant.

 

Notes of Decisions
Cited in 192 cases (24 in the last 5 years), 1964–2026 · leading case: State v. Atwood, 832 P.2d 593 (Ariz. 1992).
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State v. Atwood, 832 P.2d 593 (Ariz. 1992). · cites it 46× “A person commits kidnapping by knowingly restraining another person with the intent to: 1. Hold the victim for ransom, as a shield or hostage; or 2.”
State v. Eagle, 994 P.2d 395 (Ariz. 2000). · cites it 56× “¶ 3 A.R.S. § 13-1304 reads as follows: A. A person commits kidnapping by knowingly restraining another person with the intent to: 1.”
State v. Tschilar, 27 P.3d 331 (Ariz. Ct. App. 2001). · cites it 26× “”) section 13-1304 (2001), provides: A. A person commits kidnapping by knowingly restraining another person with the intent to: 3.”
State v. Henderson, 115 P.3d 601 (Ariz. 2005). · cites it 6× “¶ 30 The fact that the jury found Henderson not guilty of kidnapping under A.R.S. § 13-1304 strongly supports his argument that a jury could have reached a different conclusion as to these aggravators than did the judge.”
United States v. Marquez-Lobos, 697 F.3d 759 (9th Cir. 2012). · cites it 29× “On appeal, Marquez-Lobos contends that ARS § 13-1304 does not meet the generic definition of kidnapping, and therefore does not qualify as a “crime of violence” under either the categorical or modified categorical approach.”
State v. Lambright, 673 P.2d 1 (Ariz. 1983). · cites it 10× “A.R.S. § 13-1304. Further, our statutes provide that "Restraint is without consent if it is accomplished by: (a) Physical force, intimidation or deception; * * *.”
State v. Herrera, 850 P.2d 100 (Ariz. 1993). · cites it 12× “kidnapping under § 13-1304, ... [or] robbery under § 13-1902, 13-1903 or 13-1904 .”
State v. Hargrave, 234 P.3d 569 (Ariz. 2010). · cites it 6× “§ 13-1304(A)(3) (2010). The “distinguishing element between kidnapping and unlawful imprisonment is the perpetrator’s state of mind, i.”
State v. Henderson, 100 P.3d 911 (Ariz. Ct. App. 2004). · cites it 8× “") with A.R.S. § 13-1304 (2001) (defining the crime of kidnaping as knowing restraint of the victim "with the intent to .”
State v. Davis, 79 P.3d 64 (Ariz. 2003). · cites it 4× “Those guilty of kidnapping a person older than fifteen, A.R.S. § 13-1304 (2001), sexual assault of a victim older than fifteen, A.”
Crimmins v. Superior Ct. in & for Maricopa Cy., 668 P.2d 882 (Ariz. 1983). · cites it 8× “§§ 13-3884, 13-3889 and 13-3900, or had illegally restrained the alleged victim with the specific intent necessary to commit kidnapping under A.R.S. § 13-1304. The intent to make a citizen's arrest negates the intent necessary to kidnap.”
State v. Detrich, 873 P.2d 1302 (Ariz. 1994). · cites it 8× “, whether the unlawful imprisonment was accompanied with one of the enumerated intents set out in A.R.S. § 13-1304 so as to elevate the unlawful imprisonment to kidnapping.”
Show all 192 citing cases →
— Ariz. Rev. Stat. § 13-1304(A) — 30 cases
State v. Atwood, 832 P.2d 593 (Ariz. 1992). “A person commits kidnapping by knowingly restraining another person with the intent to: 1. Hold the victim for ransom, as a shield or hostage; or 2.”
State v. Tschilar, 27 P.3d 331 (Ariz. Ct. App. 2001). “”) section 13-1304 (2001), provides: A. A person commits kidnapping by knowingly restraining another person with the intent to: 3.”
State v. Herrera, 850 P.2d 100 (Ariz. 1993). “kidnapping under § 13-1304, ... [or] robbery under § 13-1902, 13-1903 or 13-1904 .”
State v. Bible, 858 P.2d 1152 (Ariz. 1993).
State v. Viramontes, 788 P.2d 67 (Ariz. 1990).
— Ariz. Rev. Stat. § 13-1304(A)(1) — 3 cases
State v. Pena, 104 P.3d 873 (Ariz. Ct. App. 2005).
State v. Jacobs (Ariz. Ct. App. 2015).
State v. Humelhans (Ariz. Ct. App. 2014).
— Ariz. Rev. Stat. § 13-1304(A)(3) — 53 cases
State v. Atwood, 832 P.2d 593 (Ariz. 1992). “A person commits kidnapping by knowingly restraining another person with the intent to: 1. Hold the victim for ransom, as a shield or hostage; or 2.”
State v. Eagle, 994 P.2d 395 (Ariz. 2000). “¶ 3 A.R.S. § 13-1304 reads as follows: A. A person commits kidnapping by knowingly restraining another person with the intent to: 1.”
State v. Hargrave, 234 P.3d 569 (Ariz. 2010). “§ 13-1304(A)(3) (2010). The “distinguishing element between kidnapping and unlawful imprisonment is the perpetrator’s state of mind, i.”
State v. Trostle, 951 P.2d 869 (Ariz. 1997).
State v. Lambright, 673 P.2d 1 (Ariz. 1983). “A.R.S. § 13-1304. Further, our statutes provide that "Restraint is without consent if it is accomplished by: (a) Physical force, intimidation or deception; * * *.”
— Ariz. Rev. Stat. § 13-1304(A)(3)(1989) — 1 case
State v. Greene, 967 P.2d 106 (Ariz. 1998).
— Ariz. Rev. Stat. § 13-1304(A)(4) — 5 cases
State v. Tschilar, 27 P.3d 331 (Ariz. Ct. App. 2001). “”) section 13-1304 (2001), provides: A. A person commits kidnapping by knowingly restraining another person with the intent to: 3.”
State v. Stough, 669 P.2d 99 (Ariz. Ct. App. 1983).
State v. Figueroa (Ariz. Ct. App. 2018).
State v. Garth (Ariz. Ct. App. 2015).
State v. Stephens (Ariz. Ct. App. 2025).
— Ariz. Rev. Stat. § 13-1304(A)(5) — 2 cases
State v. Herrera, 850 P.2d 100 (Ariz. 1993). “kidnapping under § 13-1304, ... [or] robbery under § 13-1902, 13-1903 or 13-1904 .”
State v. Young (Ariz. Ct. App. 2018).
— Ariz. Rev. Stat. § 13-1304(A)(6) — 1 case
State v. Garcia (Ariz. Ct. App. 2015).
— Ariz. Rev. Stat. § 13-1304(B) — 18 cases
State v. Atwood, 832 P.2d 593 (Ariz. 1992). “A person commits kidnapping by knowingly restraining another person with the intent to: 1. Hold the victim for ransom, as a shield or hostage; or 2.”
State v. Eagle, 994 P.2d 395 (Ariz. 2000). “¶ 3 A.R.S. § 13-1304 reads as follows: A. A person commits kidnapping by knowingly restraining another person with the intent to: 1.”
State v. Tschilar, 27 P.3d 331 (Ariz. Ct. App. 2001). “”) section 13-1304 (2001), provides: A. A person commits kidnapping by knowingly restraining another person with the intent to: 3.”
State v. Jones, 72 P.3d 1264 (Ariz. 2003).
State v. Kinslow, 799 P.2d 844 (Ariz. 1990).
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