Del. C. » Title 11 — Delaware Criminal Code · CHAPTER 5. Specific Offenses · Crimes and Criminal Procedure
Delaware Code

11 Del. C. § 783 (2026)

Kidnapping in the second degree; class C felony

✓ current as of May 2026
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A person is guilty of kidnapping in the second degree when the person unlawfully restrains another person with any of the following purposes:

(1) To hold the victim for ransom or reward; or

(2) To use the victim as a shield or hostage; or

(3) To facilitate the commission of any felony or flight thereafter; or

(4) To inflict physical injury upon the victim, or to violate or abuse the victim sexually; or

(5) To terrorize the victim or a third person; or

(6) To take or entice any child less than 18 years of age from the custody of the child’s parent, guardian or lawful custodian;

and the actor voluntarily releases the victim alive, unharmed and in a safe place prior to trial.

Kidnapping in the second degree is a class C felony.

11 Del. C. 1953, §  783;  58 Del. Laws, c. 497, §  1;  59 Del. Laws, c. 547, §  5;  66 Del. Laws, c. 398, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 148, §  35; 
Notes of Decisions
Cited in 11 cases (5 in the last 5 years), 1975–2022 · leading case: McCoy v. State, 361 A.2d 241 (Del. 1976).
Sort: Relevance Newest Treatment
McCoy v. State, 361 A.2d 241 (Del. 1976). · cites it 2× “PER CURIAM: Defendant was convicted in the Superior Court of two counts of kidnapping in the second degree [11 Del.C. § 783(3)] 1 for the unlawful restraining of the victim and her two year old son while “feloniously exercising control over and appropriating her [automobile]”.”
Long v. State, 332 A.2d 146 (Del. 1975). · cites it 4× “11 Del.C. § 783, the new Kidnapping Statute contained in the 1973 Delaware Criminal Code, provides in pertinent part: 783.”
Hand v. State, 354 A.2d 140 (Del. 1976). “§ 763), kidnapping [11 Del.C. § 783(4)], and possession of a deadly weapon during the commission of a felony (11 *141 Del.”
United States Ex Rel. Hand v. Redman, 416 F. Supp. 1109 (D. Del. 1976). “§ 763, one count of kidnapping, 11 Del. C. § 783(4), and two counts of possession of a deadly firearm during the commission of a felony.”
State v. White (Del. Super. Ct. 2022). · cites it 4× “§ 1447; one count of Kidnapping in the First Degree, 11 Del. C. § 783; two counts of Possession of a Firearm by a Person Prohibited, 11 Del.”
Navarro v. State (Del. 2019). “11 Del. C. § 783; 11 Del. C. § 4205(b)(3).”
Jones v. State (Del. 2020). “In the indictment, the State alleged two of the statutory purposes: (1) to facilitate the commission of a felony; and/or (2) to terrorize the victim or a third person.”
Bowden v. State (Del. 2021). “”7 The Superior Court judge concluded that a Section 4204(k) condition was appropriate based on the facts and circumstances of this case, which the judge described as “the worst nightmare for anyone who cares about any woman, because here was somebody who was vulnerable in that…”
State v. Clanton (Del. Super. Ct. 2022). “17 11 Del. C. § 783. 18 11 Del. C. § 782. 19 11 Del.”
Clanton v. State (Del. 2022). “27 11 Del. C. § 783. 28 Opening Br. at 17. 8 in a safe place.”
Clanton v. State (Del. 2022). “27 11 Del. C. § 783. 28 Opening Br. at 17. 8 in a safe place.”
— 11 Del. C. § 783(3) — 2 cases
McCoy v. State, 361 A.2d 241 (Del. 1976). “PER CURIAM: Defendant was convicted in the Superior Court of two counts of kidnapping in the second degree [11 Del.C. § 783(3)] 1 for the unlawful restraining of the victim and her two year old son while “feloniously exercising control over and appropriating her [automobile]”.”
Long v. State, 332 A.2d 146 (Del. 1975). “11 Del.C. § 783, the new Kidnapping Statute contained in the 1973 Delaware Criminal Code, provides in pertinent part: 783.”
— 11 Del. C. § 783(4) — 2 cases
Hand v. State, 354 A.2d 140 (Del. 1976). “§ 763), kidnapping [11 Del.C. § 783(4)], and possession of a deadly weapon during the commission of a felony (11 *141 Del.”
United States Ex Rel. Hand v. Redman, 416 F. Supp. 1109 (D. Del. 1976). “§ 763, one count of kidnapping, 11 Del. C. § 783(4), and two counts of possession of a deadly firearm during the commission of a felony.”
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