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.”
State v. Major, 725 P.2d 115 (Idaho 1986). · cites it 4× “§ 18-903), kidnapping (I.C. § 18-4501), vagrancy (I.C. § 18-7101), and receiving stolen property (I.”
State v. Knutson, 822 P.2d 998 (Idaho Ct. App. 1991). · cites it 2× “…of aggravated assault upon a law enforcement officer, I.C. §§ 18-905, -915; two counts of second degree kidnapping, I.C. §§ 18-4501, -4503; robbery, I.C. §§ 18-6501, -6502; escape, I.C. § 18-2505; and second degree burglary, I.C. §§ 18-1401, -1402, -1404. On one of the…”
State v. Chapman, 702 P.2d 879 (Idaho Ct. App. 1985). · cites it 8× “The district court stated that “the objective facts of this case present one of the most outrageous acts of child-napping by one parent over another that this court has been privy to____” Nevertheless, the district court dismissed the charge, holding that a violation of the…”
State v. Herr, 554 P.2d 961 (Idaho 1976). · cites it 4× “§ 18-6607, and for the crime of kidnapping in the second degree, I.C. § 18-4501 and I.C. 18-4503. He was sentenced to serve three years at the Idaho State Penitentiary on each charge.”
State v. Manzanares, 272 P.3d 382 (Idaho 2012). · cites it 2× “1 and 18-2403, Idaho Code; (k) Evidence falsified or concealed and witnesses intimidated or bribed, as provided in sections 18-2601 through 18-2606, Idaho Code; (l) Forgery and counterfeiting, as provided in sections 18-3601 through 18-3603 and sections 18-3605 through 18-3616,…”
State v. Drapeau, 551 P.2d 972 (Idaho 1976). · cites it 2× “Defendant-appellant Eddie Lee Drapeau (hereinafter appellant) was charged by in *687 formation with the commission of the following four felony counts: COUNT 1, second degree kidnapping (I.C. § 18-4501); COUNT 2, assault with the intent to commit the infamous crime against…”
Martinez v. State, 944 P.2d 127 (Idaho Ct. App. 1997). · cites it 2× “§ 18-6608, and kidnapping in the second degree, I.C. §§ 18-4501, -4503. Martinez was sentenced to an indeterminate life sentence with a twenty-year minimum term of incarceration for rape, an identical sentence for forcible sexual penetration, and an indeterminate twenty-five…”
State v. Whiteley, 858 P.2d 800 (Idaho Ct. App. 1993). · cites it 2× “I.C. §§ 18-4501, 18-4502, 18-6101. He was sentenced to a minimum period of confinement of twelve years on each count with a maximum period of twenty-five years on the rape count and a maximum life term on the first degree kidnapping count.”
State v. Brazil, 33 P.3d 218 (Idaho Ct. App. 2001). · cites it 2× “PERRY, Judge William Henry Brazil appeals from his judgments of conviction and sentences for second degree kidnapping, I.C. §§ 18-4501, 18-4503; two counts of aggravated battery, I.”
State v. White, 551 P.2d 1344 (Idaho 1976). · cites it 2× “I.C. § 18-4501 provides in pertinent part: “Kidnapping defined.”
State v. Nelson, 953 P.2d 650 (Idaho Ct. App. 1998). · cites it 4× “Initially, Nelson was charged by complaint with kidnapping in the first degree, Idaho Code § 18-4501 , and lewd conduct with a minor, I.”
Nellsch v. State, 835 P.2d 661 (Idaho Ct. App. 1992). · cites it 2× “On November 16, 1984, Nellsch was charged by information with one count of first degree kidnapping, I.C. § 18-4501, two counts of robbery, I.”
United States v. Soto-Sanchez, 623 F.3d 317 (6th Cir. 2010). · cites it 2× “Code § 22-2001; Idaho Code Ann. § 18-4501 ; Miss. Code Ann.”
State v. Campbell, 757 P.2d 230 (Idaho Ct. App. 1988). · cites it 4× “In the context of the facts of this case, I.C. § 18-4501 provides the following pertinent definition: "Every person who wilfully [s]eizes, confines, inveigles or kidnaps another, with the intent to cause him, without authority of law, to be .”
State v. Medrano, 844 P.2d 1364 (Idaho Ct. App. 1992). · cites it 2× “The facts of consequence in this action are the elements of first-degree kidnapping under I.C. §§ 18-4501, 18-4502. There is no “plan” element in first-degree kidnapping.”
State v. McDougall, 749 P.2d 1025 (Idaho Ct. App. 1988). · cites it 4× “For example, I.C. § 18-4501(4), a kidnapping statute, requires the wilful seizure or detention of a person — a proscribed act committed with general criminal intent — and it further requires proof of a specific intent to extort money or property.”
State v. Doyle, 828 P.2d 1316 (Idaho 1992). · cites it 4× “, in an opinion authored by Justice Bakes, stated: However, in the present case there was substantial evidence produced by testimony at the preliminary hearing and made in an offer of proof to the district court that the essential element of `intent to keep or conceal it from…”
State v. Korsen, 111 P.3d 130 (Idaho 2005). · cites it 2× “FACTUAL AND PROCEDURAL BACKGROUND Korsen was found guilty by a district court jury of two counts of kidnapping in the second degree, Idaho Code § 18-4501 (2) and 18-4503, for withholding his children from their mother for approximately two months *446 in violation of a custody…”
State v. Roles, 832 P.2d 311 (Idaho Ct. App. 1992). · cites it 2× “§ 18-6101, -6107; first degree kidnapping, I.C. § 18-4501, -4502; aggravated assault, I.”
State v. Dragoman, 944 P.2d 134 (Idaho Ct. App. 1997). · cites it 4× “I.C. §§ 18-4501, -4503, and -306. Dragoman asserts that the district court erred in: (1) refusing to permit his expert witness to testify about whether an average person with a blood alcohol concentration (BAC) equivalent to Dragoman’s could have formed the necessary intent to…”
United States v. Marlon Flores-Granados, 783 F.3d 487 (4th Cir. 2015). “§§ 14:44,:45; Idaho Code Ann. § 18-4501 , -4502; Me.Rev.”
State v. Cochran, 539 P.2d 999 (Idaho 1975). · cites it 4× “All charges stemmed from the detention of two minor children who were the issue of Cathy Cochran's previous marriage.”
United States v. De Jesus Ventura, 565 F.3d 870 (D.C. Cir. 2009). “Code § 22-2001; Idaho Code Ann. § 18-4501 ; Miss.Code Ann.”
State v. Wiedmeier, 824 P.2d 120 (Idaho 1992). · cites it 2× “§ 18-1701, and kidnapping, in violation of I.C. §§ 18-4501 and 18-4502. After initially pleading “not guilty” to the charges, the three defendants later changed their pleas to “guilty” after the State reduced the charge to second degree kidnapping.”
State v. Peteja, 83 P.3d 781 (Idaho Ct. App. 2003). · cites it 2× “I.C. §§ 18-4501, -4503. The child’s custody was disputed and difficult to decipher, having been changed by numerous court orders in several states over many years.”
Almada v. State, 697 P.2d 1235 (Idaho Ct. App. 1985). · cites it 2× “§ 18-907; second degree kidnapping, I.C. § 18-4501; attempted robbery, I.C. § 18-6501; and assault with a deadly weapon, I.”
State v. Arledge, 808 P.2d 1329 (Idaho Ct. App. 1991). · cites it 2× “I.C. §§ 18-4501, -4503, -4504; 19-2513. Arledge also received six months for the battery charge.”
Lopez v. State, 700 P.2d 16 (Idaho 1985). · cites it 2× “After entering a guilty plea to second degree kidnapping, I.C. § 18-4501(1) and admitting to being a persistent violator as defined in I.”
State v. Jockumsen, 229 P.3d 1179 (Idaho Ct. App. 2010). · cites it 2×
State v. Pickens, 224 P.3d 1143 (Idaho Ct. App. 2010). · cites it 2×
State v. Horejs, 141 P.3d 1129 (Idaho Ct. App. 2006). · cites it 2×
State v. Grove, 259 P.3d 629 (Idaho Ct. App. 2011). · cites it 2×
State v. Lilly, 122 P.3d 1170 (Idaho Ct. App. 2005). · cites it 2×
State v. Jackson, 532 P.2d 926 (Idaho 1975). · cites it 2×
State v. Ewell, 205 P.3d 680 (Idaho Ct. App. 2009). · cites it 2×
State v. Bagshaw, 51 P.3d 427 (Idaho Ct. App. 2002). · cites it 2×
State v. Dye, 858 P.2d 789 (Idaho Ct. App. 1993). · cites it 2×
State v. Weaver, 13 P.3d 5 (Idaho Ct. App. 2000). · cites it 2× “§§ 18-4001, 18-4003(d), kidnapping in the first degree, I.C. §§ 18-4501(3), 18-4502, 18-4504(1), and conspiracy to commit murder in the first degree, I.”
State v. Walker, 867 P.2d 244 (Idaho Ct. App. 1993). · cites it 2×
State v. Starry, 948 P.2d 1133 (Idaho Ct. App. 1997). · cites it 2×
State v. Wolverton, 817 P.2d 1083 (Idaho Ct. App. 1991). · cites it 2×
State v. Helms, 936 P.2d 230 (Idaho Ct. App. 1997). · cites it 2×
State v. Dowalo, 838 P.2d 890 (Idaho Ct. App. 1992). · cites it 2×
State v. Bagshaw, 108 P.3d 404 (Idaho Ct. App. 2004). · cites it 2×
Gregory Joseph Nelson v. State, 340 P.3d 1163 (Idaho Ct. App. 2014). · cites it 2×
State v. Wilcott, 653 P.2d 1178 (Idaho 1982). · cites it 2×
Commonwealth v. Russell, 310 A.2d 296 (Pa. Super. Ct. 1973).
State v. Harrison, 214 P.3d 664 (Idaho Ct. App. 2009). · cites it 2×
State v. Stewart-Meyers, 181 P.3d 531 (Idaho Ct. App. 2008). “§§ 18-4501(1), 18-4503. At the preliminary hearing, the magistrate found probable cause and bound Stewart-Meyers over to the district court.”
State v. Oxford (Idaho 2020). · cites it 6×
State v. Lenwai, 833 P.2d 116 (Idaho Ct. App. 1992). · cites it 2×
State v. Estes, 821 P.2d 1008 (Idaho Ct. App. 1991). · cites it 2×
State v. Johnny Ray Andoe (Idaho Ct. App. 2016). · cites it 2×
State v. Jesus Rocha Urrutia, Jr. (Idaho Ct. App. 2016). · cites it 2×
Michael Rowe Russo v. State (Idaho Ct. App. 2016). · cites it 2×
State v. Raul Edgar Herrera (Idaho Ct. App. 2016). · cites it 2×
State v. Chancellor Scott Baker (Idaho Ct. App. 2017). · cites it 2×
State v. Devin Clayton Crawford (Idaho Ct. App. 2017). · cites it 2×
State v. Alvaro Oseguera (Idaho Ct. App. 2017). · cites it 2×
State v. Jacob Juan Hernandez, Jr. (Idaho Ct. App. 2017). · cites it 2×
Rinke v. State (Idaho Ct. App. 2018). · cites it 2×
State v. Hutto (Idaho Ct. App. 2018). · cites it 2×
State v. Corral (Idaho Ct. App. 2018). · cites it 2×
State v. Martinez (Idaho Ct. App. 2019). · cites it 2×
State v. Glenn (Idaho Ct. App. 2019). · cites it 2×
Martinez v. State (Idaho Ct. App. 2020). · cites it 2×
Herrera v. State (Idaho Ct. App. 2020). · cites it 2×
State v. Burley (Idaho Ct. App. 2021). · cites it 2×
State v. Guerrero (Idaho Ct. App. 2023). · cites it 2×
State v. Rinebarger (Idaho Ct. App. 2023). · cites it 2×
State v. Rinebarger, 536 P.3d 887 (Idaho Ct. App. 2023). · cites it 2×
State of Idaho v. Ahmed Majed Abdulhamza (Idaho Ct. App. 2026). · cites it 2×
State of Idaho v. ZANE DEREK MOON (Idaho Ct. App. 2026). · cites it 2×
State v. Jeremiah Owen Bennett (Idaho Ct. App. 2012). · cites it 2×
James Earl Newman v. State (Idaho Ct. App. 2012). · cites it 2×
State v. Michael James Lee (Idaho Ct. App. 2012). · cites it 2×
State v. Johnny Ray Andoe (Idaho Ct. App. 2012). · cites it 2×
State v. Hans Michael Holsopple (Idaho Ct. App. 2012). · cites it 2×
State v. Robert Wayne White (Idaho Ct. App. 2011). · cites it 2×
State v. Jason Cory Tiedeman (Idaho Ct. App. 2011). · cites it 2×
State v. Darwin Willard Crosland (Idaho Ct. App. 2011). · cites it 2×
State v. German Guadiana (Idaho Ct. App. 2011). · cites it 2×
State v. Dennis R. Heilman (Idaho Ct. App. 2010). · cites it 2×
State v. Jeffrey Bond Jensen (Idaho Ct. App. 2010). · cites it 2×
State v. Lonnie Dale Knie, Jr. (Idaho Ct. App. 2010). · cites it 2×
State v. Thomas W. Hughes (Idaho Ct. App. 2013). · cites it 2×
State v. Dylan E. Contreras (Idaho Ct. App. 2013). · cites it 2×
Juan Valadez-Pacheco v. State (Idaho Ct. App. 2014). · cites it 2×
State v. Christopher D. Gonzalez (Idaho Ct. App. 2014). · cites it 2×
State v. Lorenzo Astorga Corral (Idaho Ct. App. 2014). · cites it 2×
State v. Andrey Sergeyevich Yermola (Idaho Ct. App. 2015). · cites it 2×
State v. Robert Alexander Lawrence (Idaho Ct. App. 2015). · cites it 2×
State v. Matthew John Bell (Idaho Ct. App. 2015). · cites it 2×
State v. Samuel Clevis Eichler (Idaho Ct. App. 2015). · cites it 2×
State v. Fink, 695 P.2d 416 (Idaho Ct. App. 1985). · cites it 2×
State v. Wielkiewicz, 848 P.2d 451 (Idaho Ct. App. 1993). · cites it 2×
Whiteley v. Idaho, 130 F. App'x 187 (9th Cir. 2005).
— 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). “Initially, Nelson was charged by complaint with kidnapping in the first degree, Idaho Code § 18-4501 , and lewd conduct with a minor, I.”
Lopez v. State, 700 P.2d 16 (Idaho 1985). “After entering a guilty plea to second degree kidnapping, I.C. § 18-4501(1) and admitting to being a persistent violator as defined in I.”
State v. Stewart-Meyers, 181 P.3d 531 (Idaho Ct. App. 2008). “§§ 18-4501(1), 18-4503. At the preliminary hearing, the magistrate found probable cause and bound Stewart-Meyers over to the district court.”
State v. Martinez (Idaho Ct. App. 2019).
Martinez v. State (Idaho Ct. App. 2020).
State v. Oxford (Idaho 2020).
State v. Guerrero (Idaho Ct. App. 2023).
State v. Robert Wayne White (Idaho Ct. App. 2011).
State v. Darwin Willard Crosland (Idaho Ct. App. 2011).
State v. Jeffrey Bond Jensen (Idaho Ct. App. 2010).
State v. Samuel Clevis Eichler (Idaho Ct. App. 2015).
— 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). “All charges stemmed from the detention of two minor children who were the issue of Cathy Cochran's previous marriage.”
State v. Ewell, 205 P.3d 680 (Idaho Ct. App. 2009).
State v. Chapman, 702 P.2d 879 (Idaho Ct. App. 1985). “The district court stated that “the objective facts of this case present one of the most outrageous acts of child-napping by one parent over another that this court has been privy to____” Nevertheless, the district court dismissed the charge, holding that a violation of the…”
State v. Oxford (Idaho 2020).
— Idaho Code § 18-4501(3) — 1 case
State v. Weaver, 13 P.3d 5 (Idaho Ct. App. 2000). “§§ 18-4001, 18-4003(d), kidnapping in the first degree, I.C. §§ 18-4501(3), 18-4502, 18-4504(1), and conspiracy to commit murder in the first degree, I.”
— Idaho Code § 18-4501(4) — 1 case
State v. McDougall, 749 P.2d 1025 (Idaho Ct. App. 1988). “For example, I.C. § 18-4501(4), a kidnapping statute, requires the wilful seizure or detention of a person — a proscribed act committed with general criminal intent — and it further requires proof of a specific intent to extort money or property.”
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