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

Mo. Rev. Stat. § 565.120 (2026)

Kidnapping, second degree, penalty

✓ current as of May 2026
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  565.120.  Kidnapping, second degree, penalty. — 1.  A person commits the offense of kidnapping in the second degree if he or she knowingly restrains another unlawfully and without consent so as to interfere substantially with his or her liberty and exposes him or her to a substantial risk of serious physical injury.

  2.  The offense of kidnapping in the second degree is a class D felony.

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(L. 1977 S.B. 60, A.L. 2014 S.B. 491)

Effective 1-01-17

Notes of Decisions
Cited in 141 cases (9 in the last 5 years), 1981–2025 · leading case: State v. Brokus, 858 S.W.2d 298 (Mo. Ct. App. 1993).
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State v. Brokus, 858 S.W.2d 298 (Mo. Ct. App. 1993). · cites it 6× “” Section 565.120 RSMo.1986. Attempt requires any act, with the purpose of committing the offense, which is a substantial step toward the commission of the offense.”
In RE: Graham Kersting v. Superintendent Ron Reploge, Missouri State High. Patrol, 492 S.W.3d 600 (Mo. Ct. App. 2016). · cites it 3× “Section 565.120 does not distinguish between, “child” and “adult” victims.”
State v. Moore, 88 S.W.3d 31 (Mo. Ct. App. 2002). · cites it 5× “James Moore (hereinafter, “Appellant”) appeals his conviction for felonious restraint in violation of Section 565.120 RSMo (2000) 1 and misdemeanor assault in the third degree in violation of Section 565.”
State v. Christian, 184 S.W.3d 597 (Mo. Ct. App. 2006). · cites it 3× “Defendant, Zivan Christian, appeals from a judgment entered by the trial court after a jury found him guilty of felonious restraint, in violation of section 565.120 RSMo (2000), and burglary in the first degree, in violation of section 569.”
State v. Butler, 24 S.W.3d 21 (Mo. Ct. App. 2000). · cites it 4× “1993, felonious restraint, § 565.120, RSMo 1994, and two counts of armed criminal action, § 571.”
State v. Hill, 808 S.W.2d 882 (Mo. Ct. App. 1991). · cites it 3× “030, RSMo 1986, and one count of felonious restraint, Section 565.120, RSMo 1986. Additionally, James appeals the dismissal of his Rule 29.”
State v. Sutton, 320 S.W.3d 729 (Mo. Ct. App. 2010). · cites it 5× “060, and the statute for felonious restraint, Section 565.120, are silent as to whether the legislature intended to punish this same conduct under both statutes, we must look to Section 556.”
State v. Salkil, 659 S.W.2d 330 (Mo. Ct. App. 1983). · cites it 3× “The defendant Salkil was convicted of the felonious restraint [§ 565.120] and rape [§ 566.030] of AS, a young woman of seventeen years and was sentenced to consecutive terms of two and five years imprisonment.”
State v. Olds, 831 S.W.2d 713 (Mo. Ct. App. 1992). · cites it 3× “030, RSMo 1986; (2) two counts of felonious restraint, Section 565.120, RSMo 1986; (3) one count of kidnapping, Section 565.”
State v. Agee, 350 S.W.3d 83 (Mo. Ct. App. 2011). · cites it 2× “020; three counts of the class C felony of felonious restraint, violations of section 565.120; three counts of the class B felony of facilitating a kidnapping, violations of section 565.”
Lowery v. State, 520 S.W.3d 474 (Mo. Ct. App. 2017). · cites it 2× “030; 3 the class C felony of felonious restraint (Count 2), pursuant to section 565.120; the class A felony of first-degree assault (Count 3), pursuant to section 565.”
Edgar v. State, 145 S.W.3d 458 (Mo. Ct. App. 2004). · cites it 2× “015; Count III for felonious restraint, § 565.120; Count IV for ACA, § 571.015; Count V for forcible sodomy, § 566.”
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