Mo. Rev. Stat. » Chapter 565
Missouri Revised Statutes

Mo. Rev. Stat. § 565.115 (2026)

Child kidnapping

✓ current as of May 2026
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  565.115.  Child kidnapping — penalty. — 1.  A person commits the offense of child kidnapping if he or she is not a relative of the child within the third degree and, knowing he or she has no right to do so, removes a child under the age of fourteen without consent of the child's parents or guardian, or confines such child for a substantial period of time without such consent.

  2.  In determining whether the child was removed or confined unlawfully, it is an affirmative defense that the person reasonably believed that the person's actions were necessary to preserve the child from danger to his or her welfare.

  3.  The offense of child kidnapping is a class A felony.

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(L. 2004 H.B. 1487, A.L. 2014 S.B. 491)

Effective 1-01-17

Notes of Decisions
Cited in 9 cases (1 in the last 5 years), 2007–2024 · leading case: State v. Porter, 241 S.W.3d 385 (Mo. Ct. App. 2007).
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State v. Porter, 241 S.W.3d 385 (Mo. Ct. App. 2007). · cites it 6× “Section 565.115, RSMo Cum.Supp.2006. The statute differs from 565.”
State v. Crites, 400 S.W.3d 828 (Mo. Ct. App. 2013). · cites it 4× “060; the class A Felony of child kidnapping (Count V), in violation of section 565.115; and the unclassified felony of enticement of a child (Count VI), in violation of section 566.”
In RE: Graham Kersting v. Superintendent Ron Reploge, Missouri State High. Patrol, 492 S.W.3d 600 (Mo. Ct. App. 2016). “Mess than fourteen years old_” The statutory section immediately preceding the felonious restraint statute — § 565.115 — defines the crime of “child kidnapping” as involving the removal or confinement of “a child under the age of fourteen.”
State v. Dickson, 337 S.W.3d 733 (Mo. Ct. App. 2011). “See sections 565.115, 566.030, and 566.060. 1 After waiving jury sentencing, Defendant was sentenced by the trial court to serve consecutive life sentences on each count.”
State v. Blackburn, 383 S.W.3d 490 (Mo. Ct. App. 2012). · cites it 3× “110 RSMo (2000); child kidnapping, in violation of section 565.115 RSMo (2000); and three counts of armed criminal action, in violation of section 571.”
State of Missouri v. Craig Michael Wood (Mo. 2019). · cites it 2× “015, RSMo 2000, one count of child kidnapping, § 565.115, RSMo Supp. 4 During the penalty phase, the state presented a detective's testimony that he found no connection between Wood and Hailey or her family.”
Harley v. Steele (E.D. Mo. 2020). · cites it 2× “By a second amended felony information filed the last day of Petitioner’s second jury trial,4 the State of Missouri charged Petitioner with committing on June 12, 2011: child kidnapping in violation of Missouri Revised Statutes § 565.115 (Count 1) and either statutory sodomy in…”
State v. Samuels (Kan. Ct. App. 2020). “See Mo. Rev. Stat. § 565.115 (2004). Samuels was convicted of kidnapping.”
State of Missouri, Plaintiff-respondent v. Mark Saleutogi Keleise (Mo. Ct. App. 2024). “074. 1 In his sole point on appeal, Defendant contends that the trial court plainly erred by sending a video of a juvenile witness interview conducted by the Child Advocacy Center 1 Unless otherwise indicated, all statutory references are to RSMo 2016, as amended through July 10…”
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