Me. Rev. Stat. » Title 17-A
Maine Revised Statutes

Me. Rev. Stat. tit. 17-A, § 301 (2026)

Kidnapping

✓ current as of May 2026
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1.  A person is guilty of kidnapping if either:  
A. The actor knowingly restrains another person with the intent to:  
(1) Hold the other person for ransom or reward;  
(2) Use the other person as a shield or hostage;  
(3) Inflict bodily injury upon the other person;  
(3-A) Subject the other person to conduct defined as criminal in chapter 11;  
(4) Terrorize the other person or a 3rd person;  
(5) Facilitate the commission of another crime by any person or flight thereafter; or  
(6) Interfere with the performance of any governmental or political function; or   [PL 2021, c. 299, Pt. B, §1 (AMD).]
B. The actor knowingly restrains another person:  
(1) Under circumstances which in fact expose the other person to risk of serious bodily injury; or  
(2) By secreting and holding the other person in a place where the other person is not likely to be found.   [PL 2001, c. 383, §26 (AMD); PL 2001, c. 383, §156 (AFF).]
[PL 2021, c. 299, Pt. B, §1 (AMD).]
2.  "Restrain" means to restrict substantially the movements of another person without the other person's consent or other lawful authority by:  
A. Removing the other person from the other person's residence or place of business or from a school;   [PL 2007, c. 684, Pt. A, §1 (AMD); PL 2007, c. 684, Pt. H, §1 (AFF).]
B. Moving the other person a substantial distance from the vicinity where the other person is found;   [PL 2007, c. 684, Pt. A, §1 (AMD); PL 2007, c. 684, Pt. H, §1 (AFF).]
C. Confining the other person for a substantial period either in the place where the restriction commences or in a place to which the other person has been moved;   [PL 2007, c. 684, Pt. A, §1 (AMD); PL 2007, c. 684, Pt. H, §1 (AFF).]
D. Destroying, concealing, removing, confiscating or possessing any actual or purported passport or other immigration document or other actual or purported government identification document of the other person; or   [PL 2007, c. 684, Pt. A, §1 (NEW); PL 2007, c. 684, Pt. H, §1 (AFF).]
E. Using any scheme, plan or pattern intended to cause the other person to believe that if the person does not perform certain labor or services, including prostitution, that the person or another person will suffer serious harm or restraint.   [PL 2007, c. 684, Pt. A, §1 (NEW); PL 2007, c. 684, Pt. H, §1 (AFF).]
[PL 2007, c. 684, Pt. A, §1 (AMD); PL 2007, c. 684, Pt. H, §1 (AFF).]
2-A.  "Hostage" means a person restrained with the intent that a 3rd person, not the person restrained or the actor, perform or refrain from performing some act.  
[PL 1979, c. 512, §24 (NEW).]
2-B.  It is a defense to a prosecution under this section that the person restrained is the child of the actor.  
[PL 1979, c. 512, §24 (NEW).]
3.  Kidnapping is a Class A crime. It is however, a defense which reduces the crime to a Class B crime, if the defendant voluntarily released the victim alive and not suffering from serious bodily injury, in a safe place prior to trial.  
[PL 1975, c. 499, §1 (NEW).]
SECTION HISTORY
PL 1975, c. 499, §1 (NEW). PL 1979, c. 512, §24 (AMD). PL 2001, c. 383, §26 (AMD). PL 2001, c. 383, §156 (AFF). PL 2007, c. 684, Pt. A, §1 (AMD). PL 2007, c. 684, Pt. H, §1 (AFF). PL 2021, c. 299, Pt. B, §1 (AMD).
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Notes of Decisions
Cited in 60 cases (4 in the last 5 years), 1978–2025 · leading case: State v. Estes, 418 A.2d 1108 (Me. 1980).
Sort: Relevance Newest Treatment
State v. Estes, 418 A.2d 1108 (Me. 1980). · cites it 6× “” Comment, 17-A M.R.S.A. § 301. A comparison of Section 301 with Section 212.”
United States v. Gonzalez-Ramirez, 477 F.3d 310 (5th Cir. 2007). · cites it 3× “1,:45(A)(1) (1997); Me.Rev.Stat. Ann. tit. 17-A, § 301(1)(B) (2006); Md.”
State v. Commeau, 852 A.2d 70 (Me. 2004). · cites it 6× “2003), 1 and kidnapping (Class B), pursuant to 17-A M.R.S.A. § 301(1)(A)(3) (1983). 2 Commeau received a sentence of ten years on the kidnapping conviction and a consecutive sentence of forty years on the gross sexual assault conviction.”
State v. Haag, 48 A.3d 207 (Me. 2012). · cites it 5× “[¶ 1] Colin Haag appeals from judgments of conviction for two counts of kidnapping (Class A), 17-A M.R.S. § 301(1)(B)(2) (2011), following a jury trial in the Superior Court (Washington County, Cuddy, /.”
State v. Bunker, 436 A.2d 413 (Me. 1981). · cites it 6× “Approximately two hours after Bunker had left the Brewer playground with the victim and committed the acts described above, he drove her back to the Brewer playground area, gave her five dollars, and told her not to inform the police about the incident or he would harm her.”
State v. Hofland, 58 A.3d 1023 (Me. 2012). · cites it 4× “[¶ 21] In this instance, the operative terms of 17-A M.R.S. § 301 (2011) are not unconstitutionally vague.”
United States v. Marlon Flores-Granados, 783 F.3d 487 (4th Cir. 2015). · cites it 3× “040; Me.Rev.Stat. Ann. tit. 17-A, § 301; Mo.Rev.”
State v. Merch., 2003 ME 44 (Me. 2003). · cites it 6× “The first kidnapping charge alleged that Merchant violated 17-A M.R.S.A. § 301 (1)(A)(3), when, prior to, and during the sexual encounter, he knowingly restrained the girl with the intent to inflict bodily injury on her, or to subject her to criminal sexual conduct.”
State v. Rega, 863 A.2d 917 (Me. 2005). · cites it 4× “17-A M.R.S.A. § 301 (1983), amended by P.”
State of Maine v. Taylor A. Pelletier, 2023 ME 74 (Me. 2023). · cites it 7× “299, § B-1 (codified at 17-A M.R.S. § 301(1)(A) (2021)). 2 This version of the statute defining the crime of domestic violence aggravated assault was in effect until December 31, 2022, when it was superseded by P.”
State v. Keene, 2007 ME 84 (Me. 2007). · cites it 4× “§ 203(1)(A) (2006), and kidnapping (Class A), 17-A M.R.S. § 301(1)(B)(1) (2006). He argues that 17-A M.”
State v. Roberts, 2008 ME 112 (Me. 2008). · cites it 3× “e to prevent a kidnapping for two reasons: (1) the evidence did not generate the instruction because following the shooting Roberts had only stated that he thought Mendoza was going to kill the daughter and him, but had never mentioned kidnapping; and (2) Mendoza, as the…”
Show all 60 citing cases →
— Me. Rev. Stat. tit. 17-A, § 301(1) — 7 cases
United States v. Marlon Flores-Granados, 783 F.3d 487 (4th Cir. 2015). “040; Me.Rev.Stat. Ann. tit. 17-A, § 301; Mo.Rev.”
United States v. De Jesus Ventura, 565 F.3d 870 (D.C. Cir. 2009).
State v. Roberts, 2008 ME 112 (Me. 2008). “e to prevent a kidnapping for two reasons: (1) the evidence did not generate the instruction because following the shooting Roberts had only stated that he thought Mendoza was going to kill the daughter and him, but had never mentioned kidnapping; and (2) Mendoza, as the…”
State v. Littlefield, 389 A.2d 16 (Me. 1978).
State v. Dickinson, 662 A.2d 202 (Me. 1995).
— Me. Rev. Stat. tit. 17-A, § 301(1)(A) — 4 cases
State v. Dechaine, 572 A.2d 130 (Me. 1990).
State v. Rega, 863 A.2d 917 (Me. 2005). “17-A M.R.S.A. § 301 (1983), amended by P.”
State v. Dechaine, 630 A.2d 234 (Me. 1993).
State of Maine v. Taylor A. Pelletier, 2023 ME 74 (Me. 2023). “299, § B-1 (codified at 17-A M.R.S. § 301(1)(A) (2021)). 2 This version of the statute defining the crime of domestic violence aggravated assault was in effect until December 31, 2022, when it was superseded by P.”
— Me. Rev. Stat. tit. 17-A, § 301(1)(A)(2) — 1 case
State v. Hofland, 58 A.3d 1023 (Me. 2012). “[¶ 21] In this instance, the operative terms of 17-A M.R.S. § 301 (2011) are not unconstitutionally vague.”
— Me. Rev. Stat. tit. 17-A, § 301(1)(A)(3) — 13 cases
State v. Commeau, 852 A.2d 70 (Me. 2004). “2003), 1 and kidnapping (Class B), pursuant to 17-A M.R.S.A. § 301(1)(A)(3) (1983). 2 Commeau received a sentence of ten years on the kidnapping conviction and a consecutive sentence of forty years on the gross sexual assault conviction.”
State of Maine v. Taylor A. Pelletier, 2023 ME 74 (Me. 2023). “299, § B-1 (codified at 17-A M.R.S. § 301(1)(A) (2021)). 2 This version of the statute defining the crime of domestic violence aggravated assault was in effect until December 31, 2022, when it was superseded by P.”
State v. Drewry, 946 A.2d 981 (Me. 2008).
State v. Bunker, 436 A.2d 413 (Me. 1981). “Approximately two hours after Bunker had left the Brewer playground with the victim and committed the acts described above, he drove her back to the Brewer playground area, gave her five dollars, and told her not to inform the police about the incident or he would harm her.”
State v. Merch., 2003 ME 44 (Me. 2003). “The first kidnapping charge alleged that Merchant violated 17-A M.R.S.A. § 301 (1)(A)(3), when, prior to, and during the sexual encounter, he knowingly restrained the girl with the intent to inflict bodily injury on her, or to subject her to criminal sexual conduct.”
— Me. Rev. Stat. tit. 17-A, § 301(1)(A)(4) — 4 cases
State v. Estes, 418 A.2d 1108 (Me. 1980). “” Comment, 17-A M.R.S.A. § 301. A comparison of Section 301 with Section 212.”
State of Maine v. Nathan J. Lacourse, 2017 ME 75 (Me. 2017).
State v. Merch., 2003 ME 44 (Me. 2003). “The first kidnapping charge alleged that Merchant violated 17-A M.R.S.A. § 301 (1)(A)(3), when, prior to, and during the sexual encounter, he knowingly restrained the girl with the intent to inflict bodily injury on her, or to subject her to criminal sexual conduct.”
State v. Lujan, 911 P.2d 562 (Ariz. Ct. App. 1995).
— Me. Rev. Stat. tit. 17-A, § 301(1)(A)(5) — 4 cases
State v. Mishne, 427 A.2d 450 (Me. 1981).
State v. Willoughby, 507 A.2d 1060 (Me. 1986).
State v. Robbins, 999 A.2d 936 (Me. 2010).
State v. McInnis, 2010 ME 13 (Me. 2010).
— Me. Rev. Stat. tit. 17-A, § 301(1)(B) — 1 case
United States v. Gonzalez-Ramirez, 477 F.3d 310 (5th Cir. 2007). “1,:45(A)(1) (1997); Me.Rev.Stat. Ann. tit. 17-A, § 301(1)(B) (2006); Md.”
— Me. Rev. Stat. tit. 17-A, § 301(1)(B)(1) — 7 cases
State v. Keene, 2007 ME 84 (Me. 2007). “§ 203(1)(A) (2006), and kidnapping (Class A), 17-A M.R.S. § 301(1)(B)(1) (2006). He argues that 17-A M.”
State of Maine v. Anthony Lord, 2019 ME 82 (Me. 2019).
State v. Lakin, 899 A.2d 777 (Me. 2006).
Alexandre v. State, 927 A.2d 1155 (Me. 2007).
State v. Nguyen, 2010 ME 14 (Me. 2010).
— Me. Rev. Stat. tit. 17-A, § 301(1)(B)(2) — 2 cases
State v. Haag, 48 A.3d 207 (Me. 2012). “[¶ 1] Colin Haag appeals from judgments of conviction for two counts of kidnapping (Class A), 17-A M.R.S. § 301(1)(B)(2) (2011), following a jury trial in the Superior Court (Washington County, Cuddy, /.”
United States v. Soto-Sanchez, 623 F.3d 317 (6th Cir. 2010).
— Me. Rev. Stat. tit. 17-A, § 301(2) — 4 cases
State v. Taylor, 661 A.2d 665 (Me. 1995).
State v. Estes, 418 A.2d 1108 (Me. 1980). “” Comment, 17-A M.R.S.A. § 301. A comparison of Section 301 with Section 212.”
State v. Haag, 48 A.3d 207 (Me. 2012). “[¶ 1] Colin Haag appeals from judgments of conviction for two counts of kidnapping (Class A), 17-A M.R.S. § 301(1)(B)(2) (2011), following a jury trial in the Superior Court (Washington County, Cuddy, /.”
State v. Long, 577 A.2d 765 (Me. 1990).
— Me. Rev. Stat. tit. 17-A, § 301(2)(A) — 1 case
State v. Long, 577 A.2d 765 (Me. 1990).
— Me. Rev. Stat. tit. 17-A, § 301(2)(B) — 3 cases
State of Maine v. James D. Graham, 2015 ME 35 (Me. 2015).
State v. Bunker, 436 A.2d 413 (Me. 1981). “Approximately two hours after Bunker had left the Brewer playground with the victim and committed the acts described above, he drove her back to the Brewer playground area, gave her five dollars, and told her not to inform the police about the incident or he would harm her.”
State v. Long, 577 A.2d 765 (Me. 1990).
— Me. Rev. Stat. tit. 17-A, § 301(2)(C) — 3 cases
State v. Hofland, 58 A.3d 1023 (Me. 2012). “[¶ 21] In this instance, the operative terms of 17-A M.R.S. § 301 (2011) are not unconstitutionally vague.”
State v. Estes, 418 A.2d 1108 (Me. 1980). “” Comment, 17-A M.R.S.A. § 301. A comparison of Section 301 with Section 212.”
State of Maine v. Taylor A. Pelletier, 2023 ME 74 (Me. 2023). “299, § B-1 (codified at 17-A M.R.S. § 301(1)(A) (2021)). 2 This version of the statute defining the crime of domestic violence aggravated assault was in effect until December 31, 2022, when it was superseded by P.”
— Me. Rev. Stat. tit. 17-A, § 301(3) — 5 cases
State v. Eagle, 994 P.2d 395 (Ariz. 2000).
State v. Reeves, 499 A.2d 130 (Me. 1985).
State v. Commeau, 852 A.2d 70 (Me. 2004). “2003), 1 and kidnapping (Class B), pursuant to 17-A M.R.S.A. § 301(1)(A)(3) (1983). 2 Commeau received a sentence of ten years on the kidnapping conviction and a consecutive sentence of forty years on the gross sexual assault conviction.”
State v. Nile, 557 A.2d 950 (Me. 1989).
State v. Goode, 588 A.2d 307 (Me. 1991).
— Me. Rev. Stat. tit. 17-A, § 301(B)(2) — 1 case
State v. Lujan, 911 P.2d 562 (Ariz. Ct. App. 1995).
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