§
Subdivision 1.Acts constituting.
Whoever, for any of the following purposes, confines or removes from one place to another, any person without the person's consent or, if the person is under the age of 16 years, without the consent of the person's parents or other legal custodian, is guilty of kidnapping and may be sentenced as provided in subdivision 2:
(1) to hold for ransom or reward for release, or as shield or hostage; or
(2) to facilitate commission of any felony or flight thereafter; or
(3) to commit great bodily harm or to terrorize the victim or another; or
(4) to hold in involuntary servitude.
§
Subd. 2.Sentence.
Whoever violates subdivision 1 may be sentenced as follows:
(1) if the victim is released in a safe place without great bodily harm, to imprisonment for not more than 20 years or to payment of a fine of not more than $35,000, or both; or
(2) to imprisonment for not more than 40 years or to payment of a fine of not more than $50,000, or both if:
(i) the victim is not released in a safe place;
(ii) the victim suffers great bodily harm during the course of the kidnapping; or
(iii) the person kidnapped is under the age of 16.
Notes of Decisions
Cited in
144
cases (
13 in the last 5 years), 1967–2026 · leading case:
State v. Pendleton, 725 N.W.2d 717 (Minn. 2007).
State v. Pendleton, 725 N.W.2d 717 (Minn. 2007).
· cites it 10× “] Minn.Stat. § 609.25, subd. 1 (2004). The court instructed the jury that it could find that Pendleton committed kidnapping for any one of the three purposes in the instructions: (1) for the purpose of committing great bodily harm; (2) for the purpose of facilitating the…”
State v. Losh, 721 N.W.2d 886 (Minn. 2006).
· cites it 11× “She pleaded guilty to kidnapping, Minn.Stat. § 609.25, subd. 2(2) (2004). At sentencing, the district court departed durationally and dispositionally, imposing a 120-month stayed sentence.”
State v. Lopez, 778 N.W.2d 700 (Minn. 2010).
· cites it 10× “1(1) (2008), and two counts of aiding and abetting kidnapping, in violation of Minn.Stat. § 609.25., *702 subd. 1(2) (2008).”
Bernhardt v. State, 684 N.W.2d 465 (Minn. 2004).
· cites it 4× “1 (2000) (Count III); (4) kidnapping in violation of Minn.Stat. § 609.25, subd. 1(3) (2000) (Count IV); and (5) third-degree assault in violation of Minn.”
State v. Earl, 702 N.W.2d 711 (Minn. 2005).
· cites it 8× “Minn.Stat. § 609.25, subd. 1 (2004). The "confinement or removal must be criminally significant in the sense of being more than merely incidental to the underlying crime, in order to justify a separate criminal sentence.”
State v. Welch, 675 N.W.2d 615 (Minn. 2004).
· cites it 12× “Welch was charged with kidnapping under Minn.Stat. § 609.25, subds. 1(2) and 2(1) (2002), and attempted second-degree criminal sexual conduct under Minn.”
Matter of Linehan, 518 N.W.2d 609 (Minn. 1994).
· cites it 8× “Minn.Stat. § 609.25 (1965); Minn.Stat.Ann.”
State v. Niska, 514 N.W.2d 260 (Minn. 1994).
· cites it 12× “1987); (5) kidnapping under Minn.Stat. § 609.25, subds. 1(2) and 2(1) (1984); (6) false imprisonment under Minn.”
Neal v. State, 658 N.W.2d 536 (Minn. 2003).
· cites it 6× “1 (2002); (2) kidnapping of Thao in violation of Minn.Stat. § 609.25, subds. 1(3) and 2(2) (2002); and (3) attempted aggravated robbery in the first degree of Thao in violation of Minn.”
State v. Alladin, 408 N.W.2d 642 (Minn. Ct. App. 1987).
· cites it 12× “221 (1984); and kidnapping, Minn.Stat. § 609.25, subd. 1(1) (1984). Appellant was sentenced to the presumptive sentence of 62 months for attempted second degree murder and to a consecutive 21-month term, execution stayed, with up to ten years probation for the kidnapping.”
State v. Fardan, 773 N.W.2d 303 (Minn. 2009).
· cites it 12× “1 (2008); three counts of kidnapping to facilitate the commission of a felony or flight after a crime, Minn.Stat. § 609.25, subds. 1(2), 2(2) (2008); two counts of kidnapping in order to terrorize, Minn.”
Rew ex rel. T.C.B. v. Bergstrom, 845 N.W.2d 764 (Minn. 2014).
· cites it 4× “1(d) (2012), which includes kidnapping under Minn.Stat. § 609.25 (2012)); see also Minn.”
— Minn. Stat. § 609.25(1) — 3 cases
— Minn. Stat. § 609.25(1)(3) — 1 case
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