Idaho Code
Idaho Code

Idaho Code § 18-4504 (2026)

Punishment — Liberation of kidnapped person. 

✓ current as of May 2026
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Punishment — Liberation of kidnapped person. 

1. Every person guilty of kidnapping in the first degree shall suffer death or be punished by imprisonment in the state prison for life, provided a sentence of death shall not be imposed unless the prosecuting attorney filed written notice of intent to seek the death penalty as required under the provisions of section 18-4504A, Idaho Code, and provided further that the sentence of death shall not be imposed if prior to its imposition the kidnapped person has been liberated unharmed.

2.  Kidnapping in the second degree is punishable by imprisonment in the state prison not less than one (1) nor more than twenty-five (25) years.
Notes of Decisions
Cited in 33 cases (3 in the last 5 years), 1976–2026 · leading case: State v. Lopez, 680 P.2d 869 (Idaho Ct. App. 1984).
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State v. Lopez, 680 P.2d 869 (Idaho Ct. App. 1984). · cites it 2× “II Lopez could have been sentenced to a maximum term of life for the kidnapping conviction (I.C. § 18-4504); a term of fifteen years for the burglary conviction (I.”
State v. Hanslovan, 211 P.3d 775 (Idaho Ct. App. 2008). · cites it 4× “§ 37-2732(a), the maximum possible penalty is life imprisonment; Hanslovan was sentenced to a determinate term of five years, followed by ten years indeterminate, to be served concurrently with the sentence for kidnapping.”
Nellsch v. State, 835 P.2d 661 (Idaho Ct. App. 1992). · cites it 4× “Idaho Code § 18-4504 states: Punishment — Liberation of kidnapped person.”
State v. Cotton, 602 P.2d 71 (Idaho 1979). · cites it 3× “§ 18-6503); attempted infamous crime against nature, attempt is one half (1/2) the longest term of imprisonment prescribed on conviction of the offense attempted (I.”
Hays v. State, 747 P.2d 758 (Idaho Ct. App. 1987). · cites it 4× “§ 18-4014; rape, I.C. § 18-6104; forcible sexual penetration, I.”
State v. Martinez, 723 P.2d 825 (Idaho 1986). · cites it 4× “[2] The Idaho State Legislature has provided that fixed life sentences may be given for the following crimes: Lewd conduct with minor or child under sixteen, Idaho Code § 18-1508 ; First Degree murder, Idaho Code § 18-4004 ; Administering poison with intent to kill, Idaho Code §…”
State v. Bingham, 776 P.2d 424 (Idaho 1989). · cites it 2× “I.C. § 18-4504 requires a life sentence for first degree kidnapping unless the kidnapped person is liberated unharmed.”
State v. Medrano, 844 P.2d 1364 (Idaho Ct. App. 1992). · cites it 2× “I.C. § 18-4504. Because Medrano’s sentence is lawful we must next determine if it is reasonable.”
State v. Leyva, 788 P.2d 863 (Idaho Ct. App. 1990). · cites it 4× “See I.C. § 18-4504; State v. Nellsch, 110 Idaho 594 , 716 P.”
State v. Spurgeon, 687 P.2d 19 (Idaho Ct. App. 1984). · cites it 4× “2 Therefore, all the indeterminate sentences Spurgeon received were within the statutory limits. Spurgeon contends that he should have been granted probation or that the district court should have retained jurisdiction for 120 days so he could be placed on probation after a…”
State v. Weaver, 13 P.3d 5 (Idaho Ct. App. 2000). · cites it 4× “As to Weaver’s sentence, I.C. § 18-4504 mandates a minimum sentence of indeterminate life imprisonment.”
State v. White, 551 P.2d 1344 (Idaho 1976). “§ 18-4504(2). 3 . The only remedial instruction given with reference to the Court’s comment was that portion of Instruction No.”
Show all 33 citing cases →
— Idaho Code § 18-4504(1) — 3 cases
State v. Brashier, 905 P.2d 1039 (Idaho Ct. App. 1995).
State v. Grob, 690 P.2d 951 (Idaho Ct. App. 1984).
State v. Estes, 821 P.2d 1008 (Idaho Ct. App. 1991).
— Idaho Code § 18-4504(2) — 11 cases
State v. Hanslovan, 211 P.3d 775 (Idaho Ct. App. 2008). “§ 37-2732(a), the maximum possible penalty is life imprisonment; Hanslovan was sentenced to a determinate term of five years, followed by ten years indeterminate, to be served concurrently with the sentence for kidnapping.”
State v. White, 551 P.2d 1344 (Idaho 1976). “§ 18-4504(2). 3 . The only remedial instruction given with reference to the Court’s comment was that portion of Instruction No.”
State v. Leyva, 788 P.2d 863 (Idaho Ct. App. 1990). “See I.C. § 18-4504; State v. Nellsch, 110 Idaho 594 , 716 P.”
State v. Spurgeon, 687 P.2d 19 (Idaho Ct. App. 1984). “2 Therefore, all the indeterminate sentences Spurgeon received were within the statutory limits. Spurgeon contends that he should have been granted probation or that the district court should have retained jurisdiction for 120 days so he could be placed on probation after a…”
State v. Thomas, 992 P.2d 795 (Idaho Ct. App. 1999).
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