Iowa Code

Iowa Code § 710.2 (2026)

Kidnapping in the first degree

✓ current as of July 2026
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1. Kidnapping is kidnapping in the first degree when the person kidnapped, as a consequence of the kidnapping, suffers serious injury, or is intentionally subjected to torture or sexual abuse. 2. Kidnapping in the first degree is a class “A” felony. 3. For purposes of determining whether the person should register as a sex offender pursuant to the provisions of chapter 692A, the fact finder shall make a determination as provided in section 692A.126. [C51, §2588; R60, §4211; C73, §3869; C97, §4765; C24, 27, 31, 35, 39, §12981; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §706.1; C79, 81, §710.2] 2009 Acts, ch 119, §55; 2018 Acts, ch 1041, §127 Referred to in §671A.2, 692A.102, 692A.126 Definition of forcible felony, §702.11

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Notes of Decisions
Cited in 70 cases (8 in the last 5 years), 1955–2025 · leading case: State v. White, 668 N.W.2d 850 (Iowa 2003).
State v. White, 668 N.W.2d 850 (Iowa 2003). · cites it 15× “” Iowa Code § 710.2 . 2 In the present case, there *856 is no evidence of serious injury or sexual abuse.”
State v. Ondayog, 722 N.W.2d 778 (Iowa 2006). · cites it 4× “Iowa Code § 710.2 . If convicted of this crime, he would have been sentenced to mandatory life imprisonment.”
State of Iowa v. Charles Raymond Albright, 925 N.W.2d 144 (Iowa 2019). · cites it 2× “While torture alone may not be a codified offense, we have defined torture under section 710.2, kidnapping in the first degree, as subjecting a person to "physical and/or mental anguish.”
State v. Effler, 769 N.W.2d 880 (Iowa 2009). · cites it 4× “Regarding the element that a defendant intentionally subjects a person to torture or sexual abuse, the evidence at trial was that the child was discovered naked in the bathroom and the defendant did not have his shirt on.”
State v. Folck, 325 N.W.2d 368 (Iowa 1982). · cites it 6× “Iowa Code § 710.2 . Under these circumstances, as we held in State v.”
State v. Hatter, 414 N.W.2d 333 (Iowa 1987). · cites it 7× “Iowa Code § 710.2 . We now turn to defendant’s contentions.”
State v. Rich, 305 N.W.2d 739 (Iowa 1981). · cites it 4× “On March 7, 1980, defendant, Guy Eugene Rich, was convicted of the following crimes: (1) kidnapping in the first degree in violation of section 710.2, The Code 1979; (2) sexual abuse in the third degree in violation of section 709.”
State v. Newman, 326 N.W.2d 788 (Iowa 1982). · cites it 4× “In this consolidated appeal, defendant challenges his conviction and subsequent sentence for first degree kidnapping ( Iowa Code § 710.2 ) and second degree sexual abuse ( Iowa Code § 709.”
State of Iowa v. Scott Robert Robinson, 859 N.W.2d 464 (Iowa 2015). · cites it 2× “§ 710.2; id. § 902.1. Expanded kidnapping statutes, however, have proved problematic.”
State v. Nims, 357 N.W.2d 608 (Iowa 1984). · cites it 4× “Defendant was convicted of first-degree kidnapping under Iowa Code sections 710.2 and 902.1 (1981) in connection with the abduction and sexual abuse of an eight-year old girl.”
State v. Whitfield, 315 N.W.2d 753 (Iowa 1982). · cites it 4× “Defendant was tried before a jury and convicted of kidnapping in the first degree in violation of section 710.2, The Code 1979, and of sexual abuse in the second degree in violation of section 709.”
State v. Newman, 326 N.W.2d 796 (Iowa 1982). · cites it 4× “Iowa Code § 710.2 (“Kidnapping is kidnapping in the first degree when the person kidnapped, as a consequence of kidnapping .”
— Iowa Code § 710.2(1) — 3 cases
— Iowa Code § 710.2(3) — 1 case
Holmes v. Gibbs (N.D. Iowa 2021).
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