(1) A person is guilty of kidnapping when he unlawfully restrains another person and
when his intent is:
(a) To hold him for ransom or reward; or
(b) To accomplish or to advance the commission of a felony; or
(c) To inflict bodily injury or to terrorize the victim or another; or
(d) To interfere with the performance of a governmental or political function; or
(e) To use him as a shield or hostage; or
(f) To deprive the parents or guardian of the custody of a minor, when the person
taking the minor is not a person exercising custodial control or supervision of
the minor as the term "person exercising custodial control or supervision" is
defined in KRS 600.020.
(2) Kidnapping is a Class B felony when the victim is released alive and in a safe place
prior to trial, except as provided in this section. Kidnapping is a Class A felony
when the victim is released alive but the victim has suffered serious physical injury
during the kidnapping, or as a result of not being released in a safe place, or as a
result of being released in any circumstances which are intended, known or should
have been known to cause or lead to serious physical injury. Kidnapping is a capital
offense when the victim is not released alive or when the victim is released alive but
subsequently dies as a result of:
(a) Serious physical injuries suffered during the kidnapping; or
(b) Not being released in a safe place; or
(c) Being released in any circumstances which are intended, known or should
have been known to cause or lead to the victim's death.
Effective: July 15, 2002
History: Amended 2002 Ky. Acts ch. 120, sec. 1, effective July 15, 2002. -- Amended
1980 Ky. Acts ch. 48, sec. 1, effective July 15, 1980. -- Created 1974 Ky. Acts ch.
406, sec. 76, effective January 1, 1975.
Notes of Decisions
Cited in
83
cases (
13 in the last 5 years), 1977–2026 · leading case:
Harris v. Commonwealth, 793 S.W.2d 802 (Ky. 1990).
Harris v. Commonwealth, 793 S.W.2d 802 (Ky. 1990).
· cites it 10× “This argument rests on the premise that proof of the victim's death is necessary to establish the offense of kidnapping under KRS 509.040. We disagree. The elements of kidnapping and murder are set out in KRS 509.”
Ernst v. Commonwealth, 160 S.W.3d 744 (Ky. 2005).
· cites it 4× “KRS 509.040. Appellant asserts that since the jury did not, as instructed, find this enhancing factor in its verdict, it was palpable error to sentence him to capital punishment.”
Brown v. Commonwealth, 890 S.W.2d 286 (Ky. 1994).
· cites it 11× “Brown presents six issues on appeal: 1) the Commonwealth lacked jurisdiction to try Brown for capital kidnapping because death occurred in West Virginia and not Kentucky; 2) the jury was improperly selected because potential jurors who could not or would not impose a death…”
Bills v. Commonwealth, 851 S.W.2d 466 (Ky. 1993).
· cites it 5× “INSTRUCTIONS ON FIRST AND SECOND DEGREE UNLAWFUL IMPRISONMENT The elements of kidnapping (KRS 509.040), as it applies in this case, differ from the elements of first-degree unlawful imprisonment only in that kidnapping requires the intent of the unlawful restraint to be "to…”
Moffitt v. Commonwealth, 360 S.W.3d 247 (Ky. Ct. App. 2012).
· cites it 8× “The Act defined a “criminal offense against a minor” to include kidnapping in violation of KRS 509.040, the statute of which Moffitt was convicted in 2002.”
Soto v. Commonwealth, 139 S.W.3d 827 (Ky. 2004).
· cites it 2× “; compare KRS 509.040(2) (offense of kidnapping enhanced from Class B felony to Class A felony if victim suffered serious physical injury, and to capital offense if victim died during or as a result of the kidnapping).”
St. Clair v. Commonwealth, 455 S.W.3d 869 (Ky. 2015).
· cites it 4× “Clair was charged with capital kidnapping under KRS 509.040. Ordinarily, kidnapping is either a Class A or Class B felony.”
Duncan v. Commonwealth, 322 S.W.3d 81 (Ky. 2010).
· cites it 2× “Errick Duncan appeals from a Judgment of the Jefferson Circuit Court convicting him of kidnapping, in violation of KRS 509.040; of first-degree sexual abuse, in violation of KRS 510.”
Commonwealth v. Higgs, 59 S.W.3d 886 (Ky. 2001).
· cites it 4× “020(3), recklessly, KRS 501.020(4), and restrain, KRS 509.”
Cannon v. Commonwealth, 777 S.W.2d 591 (Ky. 1989).
· cites it 4× “KRS 509.040 is the so-called kidnapping statute.”
— Ky. Rev. Stat. § 509.040(1) — 10 cases
Ernst v. Commonwealth, 160 S.W.3d 744 (Ky. 2005).
“KRS 509.040. Appellant asserts that since the jury did not, as instructed, find this enhancing factor in its verdict, it was palpable error to sentence him to capital punishment.”
Brown v. Commonwealth, 890 S.W.2d 286 (Ky. 1994).
“Brown presents six issues on appeal: 1) the Commonwealth lacked jurisdiction to try Brown for capital kidnapping because death occurred in West Virginia and not Kentucky; 2) the jury was improperly selected because potential jurors who could not or would not impose a death…”
Harris v. Commonwealth, 793 S.W.2d 802 (Ky. 1990).
“This argument rests on the premise that proof of the victim's death is necessary to establish the offense of kidnapping under KRS 509.040. We disagree. The elements of kidnapping and murder are set out in KRS 509.”
— Ky. Rev. Stat. § 509.040(1)(a) — 1 case
— Ky. Rev. Stat. § 509.040(1)(b) — 3 cases
Bills v. Commonwealth, 851 S.W.2d 466 (Ky. 1993).
“INSTRUCTIONS ON FIRST AND SECOND DEGREE UNLAWFUL IMPRISONMENT The elements of kidnapping (KRS 509.040), as it applies in this case, differ from the elements of first-degree unlawful imprisonment only in that kidnapping requires the intent of the unlawful restraint to be "to…”
— Ky. Rev. Stat. § 509.040(1)(c) — 7 cases
Bills v. Commonwealth, 851 S.W.2d 466 (Ky. 1993).
“INSTRUCTIONS ON FIRST AND SECOND DEGREE UNLAWFUL IMPRISONMENT The elements of kidnapping (KRS 509.040), as it applies in this case, differ from the elements of first-degree unlawful imprisonment only in that kidnapping requires the intent of the unlawful restraint to be "to…”
— Ky. Rev. Stat. § 509.040(1)(d) — 1 case
— Ky. Rev. Stat. § 509.040(1)(f) — 1 case
— Ky. Rev. Stat. § 509.040(2) — 25 cases
Soto v. Commonwealth, 139 S.W.3d 827 (Ky. 2004).
“; compare KRS 509.040(2) (offense of kidnapping enhanced from Class B felony to Class A felony if victim suffered serious physical injury, and to capital offense if victim died during or as a result of the kidnapping).”
Harris v. Commonwealth, 793 S.W.2d 802 (Ky. 1990).
“This argument rests on the premise that proof of the victim's death is necessary to establish the offense of kidnapping under KRS 509.040. We disagree. The elements of kidnapping and murder are set out in KRS 509.”
— Ky. Rev. Stat. § 509.040(b) — 1 case
Moffitt v. Commonwealth, 360 S.W.3d 247 (Ky. Ct. App. 2012).
“The Act defined a “criminal offense against a minor” to include kidnapping in violation of KRS 509.040, the statute of which Moffitt was convicted in 2002.”
— Ky. Rev. Stat. § 509.040(l)(a) — 2 cases
— Ky. Rev. Stat. § 509.040(l)(b) — 5 cases
Bills v. Commonwealth, 851 S.W.2d 466 (Ky. 1993).
“INSTRUCTIONS ON FIRST AND SECOND DEGREE UNLAWFUL IMPRISONMENT The elements of kidnapping (KRS 509.040), as it applies in this case, differ from the elements of first-degree unlawful imprisonment only in that kidnapping requires the intent of the unlawful restraint to be "to…”
— Ky. Rev. Stat. § 509.040(l)(b)(c) — 2 cases
— Ky. Rev. Stat. § 509.040(l)(c) — 3 cases
Bills v. Commonwealth, 851 S.W.2d 466 (Ky. 1993).
“INSTRUCTIONS ON FIRST AND SECOND DEGREE UNLAWFUL IMPRISONMENT The elements of kidnapping (KRS 509.040), as it applies in this case, differ from the elements of first-degree unlawful imprisonment only in that kidnapping requires the intent of the unlawful restraint to be "to…”
— Ky. Rev. Stat. § 509.040(l)(f) — 1 case
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