Delaware Code
11 Del. C. § 783A (2026)
Kidnapping in the first degree; class B felony
✓ current as of May 2026
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A person is guilty of kidnapping in the first 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 does not voluntarily release the victim alive, unharmed and in a safe place prior to trial.
Kidnapping in the first degree is a class B felony.
59 Del. Laws, c. 547, § 5; 66 Del. Laws, c. 398, § 2; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 148, § 36;Notes of Decisions
Cited in 3
cases (3 in the last 5 years), 2024–2026 · leading case: Cabrera v. State (Del. 2026).
Cabrera v. State (Del. 2026). “Kidnapping in the first degree is defined in 11 Del. C. § 783A. As is relevant here, a person is guilty of the offense “when the person unlawfully restrains another person .”
Mason v. State Of Delaware (D. Del. 2024). “§ 775 (“USI First Degree”), and one count of first degree kidnapping, in violation of 11 Del. C. § 783A. (D.I. 16-23 at 3-4) Petitioner was reindicted on February 1, 1993 to add a fourth count of USI First Degree.”
State v. Murray (Del. Super. Ct. 2025). “Following a jury trial held August 3-5, 1987, Murray was convicted as charged on all counts in the indictment. On November 23, 1987, Murray was sentenced to be imprisoned for life on each of the three convictions of Unlawful Sexual Intercourse in the First Degree (“USI”).”
— 11 Del. C. § 783A(3) — 1 case
Cabrera v. State (Del. 2026). “Kidnapping in the first degree is defined in 11 Del. C. § 783A. As is relevant here, a person is guilty of the offense “when the person unlawfully restrains another person .”
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