Idaho Code

Idaho Code § 18-4501 (2026)

Kidnaping defined. 

✓ current as of May 2026
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Kidnaping defined. 

Every person who wilfully:

1.  Seizes, confines, inveigles or kidnaps another, with intent to cause him, without authority of law, to be secretly confined or imprisoned within this state, or to be sent out of this state, or in any way held to service or kept or detained against his will; or,
2.  Leads, takes, entices away or detains a child under the age of sixteen (16) years, with intent to keep or conceal it from its custodial parent, guardian or other person having lawful care or control thereof, or with intent to steal any article upon the person of the child; or,
3.  Abducts, entices or by force or fraud unlawfully takes or carries away another at or from a place without the state, or procures, advises, aids or abets such an abduction, enticing, taking or carrying away, and afterwards sends, brings, has or keeps such person, or causes him to be kept or secreted within this state; or,
4.  Seizes, confines, inveigles, leads, takes, entices away or kidnaps another against his will to extort money, property or any other thing of value or obtain money, property or reward or any other thing of value for the return or disposition of such person is guilty of kidnaping.
Notes of Decisions
Cited in 109 cases (6 in the last 5 years), 1968–2026 · leading case: State v. Erik Virgil Hall, 419 P.3d 1042 (Idaho 2018).
State v. Erik Virgil Hall, 419 P.3d 1042 (Idaho 2018). · cites it 8× “Compare Idaho Code § 18-4501 , with Idaho Code § 18-4502 .”
State v. Chapman, 739 P.2d 310 (Idaho 1987). · cites it 24× “Extortion, on the other hand, is defined as obtaining property by compelling or inducing the delivery of property by means of instilling a fear that if the property is not so delivered the extortioner will do acts calculated to cause damage or harm.”
State v. Hanslovan, 211 P.3d 775 (Idaho Ct. App. 2008). · cites it 4× “§ 37-2732B(a)(4), and two counts of kidnapping, I.C. § 18-4501. Hanslovan was also indicted for two counts of use of a firearm or deadly weapon, I.”
State v. Cotton, 602 P.2d 71 (Idaho 1979). · cites it 4× “§ 18-6605), and second degree kidnapping (I.C. §§ 18-4501 and 4503). The jury rendered a verdict of guilty on all four counts and judgment of conviction was entered.”
United States v. Gonzalez-Ramirez, 477 F.3d 310 (5th Cir. 2007). · cites it 3× “…Nexis 2005) (requiring intent to prevent liberation); Conn. Gen.Stat. Ann. §§ 53a-91, -94(a) (West 2001) (same); Idaho Code Ann. §§ 18-4501 (1),-4503 (2004); Iowa Code Ann § 710.1(4) (West 2003) (kidnapping includes an act accompanied by the intent to secretly confine);…”
State v. Kay, 927 P.2d 897 (Idaho Ct. App. 1996). · cites it 6× “Herman Clifford Kay appeals from his judgment of conviction for first degree kidnapping, I.C. §§ 18-4501, 18-4502, and lewd conduct with a child under sixteen, I.”
State v. Horn, 610 P.2d 551 (Idaho 1980). · cites it 4× “Compare I.C. § 18-4501 (defining kidnapping) with I.”
State v. Palin, 675 P.2d 49 (Idaho Ct. App. 1983). · cites it 4× “The pertinent statute, I.C. § 18-4501, provides that kidnapping is committed by a person who wilfully: 1.”
State v. Oxford, 473 P.3d 784 (Idaho 2020). · cites it 4× “§ 18-4501(1) (criminalizing the act of kidnapping another when done “with intent to cause [the victim], without authority of law, to be secretly confined or imprisoned within this state.”
Marks v. Vehlow, 671 P.2d 473 (Idaho 1983). · cites it 4× “Pincock , and referring also to I.C. §§ 18-4501(2) and 18-205. III. The majority, while expressing its approval of the language which it quotes from Zerilli v.”
State v. Joan Michelle Anderson, 294 P.3d 180 (Idaho 2013). · cites it 37× “In her motion to dismiss, Michelle argued that Ricky is not a custodial parent under I.C. § 18-4501 and that therefore Michelle could not have committed kidnapping.”
State v. Oldham, 438 P.2d 275 (Idaho 1968). · cites it 6× “obtaining necessary alibi witnesses by their lack of knowledge of the precise information being brought against them.”
— Idaho Code § 18-4501(1) — 13 cases
State v. Oxford, 473 P.3d 784 (Idaho 2020). “§ 18-4501(1) (criminalizing the act of kidnapping another when done “with intent to cause [the victim], without authority of law, to be secretly confined or imprisoned within this state.”
State v. Kay, 927 P.2d 897 (Idaho Ct. App. 1996). “Herman Clifford Kay appeals from his judgment of conviction for first degree kidnapping, I.C. §§ 18-4501, 18-4502, and lewd conduct with a child under sixteen, I.”
State v. Nelson, 953 P.2d 650 (Idaho Ct. App. 1998).
Lopez v. State, 700 P.2d 16 (Idaho 1985).
State v. Stewart-Meyers, 181 P.3d 531 (Idaho Ct. App. 2008).
— Idaho Code § 18-4501(2) — 8 cases
State v. Chapman, 739 P.2d 310 (Idaho 1987). “Extortion, on the other hand, is defined as obtaining property by compelling or inducing the delivery of property by means of instilling a fear that if the property is not so delivered the extortioner will do acts calculated to cause damage or harm.”
Marks v. Vehlow, 671 P.2d 473 (Idaho 1983). “Pincock , and referring also to I.C. §§ 18-4501(2) and 18-205. III. The majority, while expressing its approval of the language which it quotes from Zerilli v.”
State v. Joan Michelle Anderson, 294 P.3d 180 (Idaho 2013). “In her motion to dismiss, Michelle argued that Ricky is not a custodial parent under I.C. § 18-4501 and that therefore Michelle could not have committed kidnapping.”
State v. Kay, 927 P.2d 897 (Idaho Ct. App. 1996). “Herman Clifford Kay appeals from his judgment of conviction for first degree kidnapping, I.C. §§ 18-4501, 18-4502, and lewd conduct with a child under sixteen, I.”
State v. Cochran, 539 P.2d 999 (Idaho 1975).
— Idaho Code § 18-4501(3) — 1 case
State v. Weaver, 13 P.3d 5 (Idaho Ct. App. 2000).
— Idaho Code § 18-4501(4) — 1 case
State v. McDougall, 749 P.2d 1025 (Idaho Ct. App. 1988).
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