Missouri Revised Statutes

Mo. Rev. Stat. § 565.130 (2026)

Kidnapping, third degree, penalty

✓ current as of May 2026
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  565.130.  Kidnapping, third degree, penalty. — 1.  A person commits the offense of kidnapping in the third degree if he or she knowingly restrains another unlawfully and without consent so as to interfere substantially with his or her liberty.

  2.  The offense of kidnapping in the third degree is a class A misdemeanor unless the person unlawfully restrained is removed from this state, in which case it is a class E 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 29 cases (3 in the last 5 years), 1981–2025 · leading case: State v. Barnes, 980 S.W.2d 314 (Mo. Ct. App. 1998).
State v. Barnes, 980 S.W.2d 314 (Mo. Ct. App. 1998). · cites it 8× “016, RSMo, in that on or about the 17th day of July, 1997, in the County of Callaway, State of Missouri, the defendant recklessly caused physical injury to Tammy Moore by striking her and choking her, and Count II: the defendant, in violation of Section 565.130, RSMo, committed…”
State v. Rodgers, 641 S.W.2d 83 (Mo. 1982). · cites it 3× “030 RSMo; false imprisonment, section 565.130 RSMo; and first degree robbery, section 569.”
State v. Seddens, 624 S.W.2d 470 (Mo. Ct. App. 1981). · cites it 4× “The offense of false imprisonment is defined by § 565.130, RSMo 1978 as (1) knowingly and unlawfully restraining a person (2) without consent, and (3) to interfere substantially with the person’s liberty.”
State v. Keeler, 856 S.W.2d 928 (Mo. Ct. App. 1993). · cites it 2× “) [7] The crime of false imprisonment is defined in § 565.130 as follows: 1. A person commits the crime of false imprisonment if he knowingly restrains another unlawfully and without consent so as to interfere substantially with his liberty.”
State v. Chambers, 884 S.W.2d 113 (Mo. Ct. App. 1994). · cites it 3× “The offense of false imprisonment is defined in section 565.130, RSMo 1986, as follows: A person commits the crime of false imprisonment if he knowingly restrains another unlawfully and without consent so as to interfere substantially with his liberty.”
State v. Ayansu, 558 S.W.3d 135 (Mo. Ct. App. 2018). · cites it 2× “Section 565.130. The statute does not require that an individual do so in furtherance of an unlawful purpose.”
State v. Elliott, 271 S.W.3d 604 (Mo. Ct. App. 2007). · cites it 2× “073, and false imprisonment, a violation of Section 565.130. Defendant contends that the trial court abused its discretion in admitting the victim’s written statement because it allowed the State to improperly bolster and add undue weight to the victim’s testimony by, in effect,…”
State v. Crudup, 415 S.W.3d 170 (Mo. Ct. App. 2013). · cites it 2× “Section 565.130. False imprisonment is a lesser-included offense of felonious restraint.”
State v. Dowdy, 774 S.W.2d 504 (Mo. Ct. App. 1989). · cites it 2× “False imprisonment— removal of restrained person from the state, § 565.130. Forcible rape—use of deadly weapon or part of multiple assault, § 566.”
State v. Spencer, 671 S.W.2d 433 (Mo. Ct. App. 1984). · cites it 3× “The point raises the broad question of what the state is required to prove when the element which distinguishes the crime as kidnapping rather than false imprisonment, § 565.130, RSMo 1978, or felonious restraint, § 565.”
State v. Carter, 847 S.W.2d 941 (Mo. Ct. App. 1993). · cites it 2× “On April 4, 1991, defendant was indicted for two counts of false imprisonment, § 565.130, RSMo 1986, as well as, one count of first degree burglary.”
Pongrass v. State, 132 S.W.3d 292 (Mo. Ct. App. 2004). · cites it 2× “030, and two counts of false imprisonment, a violation of Section 565.130. Appellant was charged as a prior and persistent offender.”
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