Indiana Code
Ind. Code § 35-42-3-2 (2026)
Kidnapping
✓ current as of May 2026
Sec. 2. (a) A person who knowingly or intentionally removes another person, by fraud, enticement, force, or threat of force, from one place to another commits kidnapping. Except as provided in subsection (b), the offense of kidnapping is a Level 6 felony.
(b) The offense described in subsection (a) is:
(1) a Level 5 felony if:
(A) the person removed is less than fourteen (14) years of age and is not the removing person's child;
(B) it is committed by using a vehicle; or
(C) it results in bodily injury to a person other than the removing person;
(2) a Level 4 felony if it results in moderate bodily injury to a person other than the removing person;
(3) a Level 3 felony if it:
(A) is committed while armed with a deadly weapon;
(B) results in serious bodily injury to a person other than the removing person; or
(C) is committed on an aircraft; and
(4) a Level 2 felony if it is committed:
(A) with intent to obtain ransom;
(B) while hijacking a vehicle;
(C) with intent to obtain the release, or intent to aid in the escape, of any person from lawful incarceration; or
(D) with intent to use the person removed as a shield or hostage.
As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977, P.L.340, SEC.34; Acts 1978, P.L.144, SEC.4; P.L.158-2013, SEC.433; P.L.40-2019, SEC.10.
Notes of Decisions
Cited in 97
cases (6 in the last 5 years), 1979–2026 · leading case: Zimmerman v. State, 785 N.E.2d 1158 (Ind. Ct. App. 2003).
Zimmerman v. State, 785 N.E.2d 1158 (Ind. Ct. App. 2003). “Ind.Code § 35-42-3-2 (1998) (emphasis added).”
Koch v. State, 952 N.E.2d 359 (Ind. Ct. App. 2011). “[7] The offense of kidnapping is governed by Ind.Code § 35-42-3-2, which provides: (a) A person who knowingly or intentionally confines another person: * * * * * * (2) while hijacking a vehicle; * * * * * * commits kidnapping, a Class A felony.”
Tyrone Winkleman v. State of Indiana, 22 N.E.3d 844 (Ind. Ct. App. 2014). “This is actually the definition of kidnapping pursuant to Indiana Code section 35-42-3-2(a); however, Winkleman was charged pursuant to subsection (b).”
Buchanan v. State, 699 N.E.2d 655 (Ind. 1998). “Ind.Code § 35-42-3-2 (1998). 2 Robbery, in contrast, contains the following elements: the defendant 1) knowingly or intentionally, 2) took property from another, 3) by using or threatening the use of force.”
Beatty v. State, 567 N.E.2d 1134 (Ind. 1991). “The defendant, Stan Richard Beatty, was convicted of three counts of kidnapping, a Class A felony, Ind. Code § 35-42-3-2 ; three counts of criminal recklessness, a Class D felony, Ind.”
Smith v. State, 422 N.E.2d 1179 (Ind. 1981). “After a trial by jury, Smith was found guilty as charged of escape, attempted murder, and attempted kidnapping.”
Ellis v. State, 736 N.E.2d 731 (Ind. 2000). “Code § 35-42-1-3); kidnapping ( Ind. Code § 35-42-3-2 ); rape (Ind.Code § 35-42-4-1); criminal deviate conduct (Ind.”
Pine v. State, 408 N.E.2d 1271 (Ind. 1980). “Code § 35-44-3-5 (Burns 1979), for which he was sentenced to two (2) years imprisonment, and Kidnapping with Intent to Aid in the Escape of Any Person from Lawful Detention, a Class A Felony, Ind. Code § 35-42-3-2 (a)(3), for which he was sentenced to forty (40) years…”
Taylor v. State, 879 N.E.2d 1198 (Ind. Ct. App. 2008). “Sufficiency of Evidence of Hijacking Taylor was charged with kidnapping by hijacking: “A person who knowingly or intentionally confines another person .”
Sims v. State, 413 N.E.2d 556 (Ind. 1980). “Appellant, Willie Sims, was charged along with Paul Smith and Albert Larkin by way of an information with two counts of kidnapping, Ind. Code § 35-42-3-2 , and two counts of robbery, Ind.”
Palmer v. State, 704 N.E.2d 124 (Ind. 1999). “CODE § 35-42-3-2 (1993). [3] IND.CODE § 35-41-5-1 (1993); IND.”
Farrell v. State, 622 N.E.2d 488 (Ind. 1993). “§ 35-42-3-2 (West 1986). [1] The conviction and sentence were affirmed in his original appeal.”
— Ind. Code § 35-42-3-2(a) — 15 cases
Taylor v. State, 879 N.E.2d 1198 (Ind. Ct. App. 2008). “Sufficiency of Evidence of Hijacking Taylor was charged with kidnapping by hijacking: “A person who knowingly or intentionally confines another person .”
Buchanan v. State, 699 N.E.2d 655 (Ind. 1998). “Ind.Code § 35-42-3-2 (1998). 2 Robbery, in contrast, contains the following elements: the defendant 1) knowingly or intentionally, 2) took property from another, 3) by using or threatening the use of force.”
Tyrone Winkleman v. State of Indiana, 22 N.E.3d 844 (Ind. Ct. App. 2014). “This is actually the definition of kidnapping pursuant to Indiana Code section 35-42-3-2(a); however, Winkleman was charged pursuant to subsection (b).”
Petruso v. State, 441 N.E.2d 446 (Ind. 1982).
White v. State, 961 N.E.2d 54 (Ind. Ct. App. 2012).
— Ind. Code § 35-42-3-2(a)(1) — 1 case
Hairston v. State, 858 N.E.2d 696 (Ind. Ct. App. 2006).
— Ind. Code § 35-42-3-2(a)(2) — 1 case
Taylor v. State, 879 N.E.2d 1198 (Ind. Ct. App. 2008). “Sufficiency of Evidence of Hijacking Taylor was charged with kidnapping by hijacking: “A person who knowingly or intentionally confines another person .”
— Ind. Code § 35-42-3-2(a)(3) — 2 cases
Smith v. State, 422 N.E.2d 1179 (Ind. 1981). “After a trial by jury, Smith was found guilty as charged of escape, attempted murder, and attempted kidnapping.”
Pine v. State, 408 N.E.2d 1271 (Ind. 1980). “Code § 35-44-3-5 (Burns 1979), for which he was sentenced to two (2) years imprisonment, and Kidnapping with Intent to Aid in the Escape of Any Person from Lawful Detention, a Class A Felony, Ind. Code § 35-42-3-2 (a)(3), for which he was sentenced to forty (40) years…”
— Ind. Code § 35-42-3-2(a)(4) — 1 case
Corn v. State, 659 N.E.2d 554 (Ind. 1995).
— Ind. Code § 35-42-3-2(a)(8) — 1 case
Simmons v. State, 814 N.E.2d 670 (Ind. Ct. App. 2004).
— Ind. Code § 35-42-3-2(aX3) — 1 case
Smith v. State, 422 N.E.2d 1179 (Ind. 1981). “After a trial by jury, Smith was found guilty as charged of escape, attempted murder, and attempted kidnapping.”
— Ind. Code § 35-42-3-2(b) — 1 case
Holland v. State, 609 N.E.2d 429 (Ind. Ct. App. 1993).
— Ind. Code § 35-42-3-2(b)(1)(A) — 1 case
Geraldine R. Jones v. State of Indiana (mem. dec.) (Ind. Ct. App. 2017).
— Ind. Code § 35-42-3-2(b)(1)(B) — 1 case
Rodney W. Falls v. State of Indiana, 130 N.E.3d 618 (Ind. Ct. App. 2019).
— Ind. Code § 35-42-3-2(b)(1)(C) — 1 case
Quantavious Jones v. State of Indiana (Ind. Ct. App. 2020).
— Ind. Code § 35-42-3-2(b)(2) — 1 case
Tyrone Winkleman v. State of Indiana, 22 N.E.3d 844 (Ind. Ct. App. 2014). “This is actually the definition of kidnapping pursuant to Indiana Code section 35-42-3-2(a); however, Winkleman was charged pursuant to subsection (b).”
— Ind. Code § 35-42-3-2(b)(2)(A) — 1 case
Geraldine R. Jones v. State of Indiana (mem. dec.) (Ind. Ct. App. 2017).
— Ind. Code § 35-42-3-2(b)(3)(A) — 1 case
Quantavious Jones v. State of Indiana (Ind. Ct. App. 2020).
— Ind. Code § 35-42-3-2(b)(4) — 1 case
Keeby v. Indiana, 511 N.E.2d 1005 (Ind. 1987).
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