§44.1. Second degree kidnapping
A. Second degree kidnapping is the doing of any of the acts listed in Subsection B
of this Section wherein the victim is any of the following:
(1) Used as a shield or hostage.
(2) Used to facilitate the commission of a felony or the flight after an attempt to
commit or the commission of a felony.
(3) Physically injured or sexually abused. For the purposes of this Paragraph,
"sexually abused" means that the victim was subjected to any sex offense as defined in
R.S. 15:541.
(4) Imprisoned or kidnapped for seventy-two or more hours, except as provided in
R.S. 14:45(A)(4) or (5).
(5) Imprisoned or kidnapped when the offender is armed with a dangerous weapon
or leads the victim to reasonably believe he is armed with a dangerous weapon.
(6) Used to facilitate the commission of a simple escape or an aggravated escape,
including a simple escape or aggravated escape from either an adult or juvenile
correctional or detention facility, in violation of R.S. 14:110.
B. For purposes of this Section, kidnapping is any of the following:
(1) The forcible seizing and carrying of any person from one place to another.
(2) The enticing or persuading of any person to go from one place to another.
(3) The imprisoning or forcible secreting of any person.
(4) The forcible seizing of any corrections officer or any other official or employee
of an adult or juvenile correctional or detention facility for any period of time whatsoever.
C. Whoever commits the crime of second degree kidnapping shall be imprisoned at
hard labor for not less than five nor more than forty years. At least two years of the
sentence imposed shall be without benefit of parole, probation, or suspension of sentence.
Acts 1989, No. 276, §1; Acts 2021, No. 484, §1, eff. August 1, 2021; Acts 2022,
No. 173, §1, eff. August 1, 2022.
Notes of Decisions
Cited in
254
cases (
17 in the last 5 years), 1991–2026 · leading case:
State v. Manning, 885 So. 2d 1044 (La. 2004).
State v. Manning, 885 So. 2d 1044 (La. 2004).
· cites it 5× “§ 14:44.1. In State v. Berry, 99-0001 (La.”
State v. Taves, 861 So. 2d 144 (La. 2003).
· cites it 4× “R.S. 14:44.1, second degree kidnapping. After trial by jury in October, 2001, he was found guilty as charged on both counts.”
State v. Price, 216 So. 3d 1019 (La. Ct. App. 2016).
· cites it 14× “R.S. 14:44.1; and in Counts 6 through 8, with second degree murder in violation of La.”
State v. Gatti, 914 So. 2d 74 (La. Ct. App. 2005).
· cites it 4× “R.S. 14:44.1 and La. R.S. 14:27; second degree kidnapping, La.”
State v. Steward, 681 So. 2d 1007 (La. Ct. App. 1996).
· cites it 10× “1, and in count two with second degree kidnapping, a violation of LSA-R.S. 14:44.1. Defendant pled not guilty and, after trial by jury, was convicted as charged on both counts.”
State v. Taylor, 118 So. 3d 65 (La. Ct. App. 2013).
· cites it 6× “R.S. 14:44.1, and his sentences. Finding that the district court erred in denying in part Taylor’s motion for new trial, we reverse his conviction and sentence for Count Two, second degree kidnapping.”
State v. Hollins, 123 So. 3d 840 (La. Ct. App. 2013).
· cites it 5× “R.S. 14:44.1, respectively. Following a trial, the jury found defendant guilty of attempted aggravated rape and second-degree kidnapping.”
State v. Williams, 815 So. 2d 908 (La. Ct. App. 2002).
· cites it 3× “R.S. 14:44.1. The trial judge sentenced the defendant to thirty years at hard labor for the aggravated burglary conviction to run concurrent with the second degree kidnapping sentence of forty-five years without benefit of parole, probation, or suspension of sentence.”
State of Louisiana v. Chadwick McGhee, 223 So. 3d 1136 (La. 2017).
· cites it 2× “R.S. 14:44.1. Guillot disappeared in September 2013 after she was last seen being dragged out of one vehicle by Donnie Edwards and Willie Price and forced into a second vehicle in which Asa Bentley was waiting.”
State v. Bowie, 813 So. 2d 377 (La. 2002).
· cites it 3× “The state argued that this offense was committed while defendant was armed, R.S. 14:44.1(A)(5), when he forcibly moved the victim from one room to another in his home or when he enticed Domengeaux and Fort with drugs to accompany him from the scene in the victim's car.”
State v. Webb, 133 So. 3d 258 (La. Ct. App. 2014).
· cites it 5× “R.S. 14:44.1) on count 3. |2On August 10, 2012, the defendant filed motions for post-verdict judgment of acquittal, for new trial and to reconsider sentence, all of which were denied.”
La. Rev. Stat. § 14:44.1(0): 2 cases
La. Rev. Stat. § 14:44.1(1)(2): 1 case
La. Rev. Stat. § 14:44.1(2): 1 case
La. Rev. Stat. § 14:44.1(A): 8 cases
State v. Price, 216 So. 3d 1019 (La. Ct. App. 2016).
“R.S. 14:44.1; and in Counts 6 through 8, with second degree murder in violation of La.”
La. Rev. Stat. § 14:44.1(A)(1): 1 case
La. Rev. Stat. § 14:44.1(A)(2): 4 cases
State v. Manning, 885 So. 2d 1044 (La. 2004).
“§ 14:44.1. In State v. Berry, 99-0001 (La.”
La. Rev. Stat. § 14:44.1(A)(3): 19 cases
State v. Manning, 885 So. 2d 1044 (La. 2004).
“§ 14:44.1. In State v. Berry, 99-0001 (La.”
State v. Taves, 861 So. 2d 144 (La. 2003).
“R.S. 14:44.1, second degree kidnapping. After trial by jury in October, 2001, he was found guilty as charged on both counts.”
State v. Steward, 681 So. 2d 1007 (La. Ct. App. 1996).
“1, and in count two with second degree kidnapping, a violation of LSA-R.S. 14:44.1. Defendant pled not guilty and, after trial by jury, was convicted as charged on both counts.”
La. Rev. Stat. § 14:44.1(A)(5): 13 cases
State v. Manning, 885 So. 2d 1044 (La. 2004).
“§ 14:44.1. In State v. Berry, 99-0001 (La.”
State v. Taves, 861 So. 2d 144 (La. 2003).
“R.S. 14:44.1, second degree kidnapping. After trial by jury in October, 2001, he was found guilty as charged on both counts.”
State v. Webb, 133 So. 3d 258 (La. Ct. App. 2014).
“R.S. 14:44.1) on count 3. |2On August 10, 2012, the defendant filed motions for post-verdict judgment of acquittal, for new trial and to reconsider sentence, all of which were denied.”
La. Rev. Stat. § 14:44.1(A)(5)(B)(1): 2 cases
La. Rev. Stat. § 14:44.1(B): 7 cases
State v. Price, 216 So. 3d 1019 (La. Ct. App. 2016).
“R.S. 14:44.1; and in Counts 6 through 8, with second degree murder in violation of La.”
La. Rev. Stat. § 14:44.1(B)(1): 7 cases
State v. Bowie, 813 So. 2d 377 (La. 2002).
“The state argued that this offense was committed while defendant was armed, R.S. 14:44.1(A)(5), when he forcibly moved the victim from one room to another in his home or when he enticed Domengeaux and Fort with drugs to accompany him from the scene in the victim's car.”
State v. Steward, 681 So. 2d 1007 (La. Ct. App. 1996).
“1, and in count two with second degree kidnapping, a violation of LSA-R.S. 14:44.1. Defendant pled not guilty and, after trial by jury, was convicted as charged on both counts.”
State v. Price, 216 So. 3d 1019 (La. Ct. App. 2016).
“R.S. 14:44.1; and in Counts 6 through 8, with second degree murder in violation of La.”
La. Rev. Stat. § 14:44.1(B)(2): 1 case
State v. Price, 216 So. 3d 1019 (La. Ct. App. 2016).
“R.S. 14:44.1; and in Counts 6 through 8, with second degree murder in violation of La.”
La. Rev. Stat. § 14:44.1(B)(3): 7 cases
State v. Price, 216 So. 3d 1019 (La. Ct. App. 2016).
“R.S. 14:44.1; and in Counts 6 through 8, with second degree murder in violation of La.”
La. Rev. Stat. § 14:44.1(C): 32 cases
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