Mont. Code Ann. » TITLE 45. CRIMES · CHAPTER 5. OFFENSES AGAINST THE PERSON · Part 3. Kidnapping
Montana Code Annotated

Mont. Code Ann. § 45-5-303 (2026)

Aggravated Kidnapping

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 45
  3. CHAPTER 5
  4. Part 3
  5. 45-5-303 Aggravated kidnapping

TITLE 45. CRIMES

CHAPTER 5. OFFENSES AGAINST THE PERSON

Part 3. Kidnapping

Aggravated Kidnapping

45-5-303. Aggravated kidnapping. (1) A person commits the offense of aggravated kidnapping if the person knowingly or purposely and without lawful authority restrains another person by either secreting or holding the other person in a place of isolation or by using or threatening to use physical force, with any of the following purposes:

(a) to hold for ransom or reward or as a shield or hostage;

(b) to facilitate commission of any felony or flight thereafter;

(c) to inflict bodily injury on or to terrorize the victim or another;

(d) to interfere with the performance of any governmental or political function; or

(e) to hold another in a condition of involuntary servitude.

(2) Except as provided in 46-18-219 and 46-18-222, a person convicted of the offense of aggravated kidnapping shall be punished by death or life imprisonment as provided in 46-18-301 through 46-18-310 or be imprisoned in the state prison for a term of not less than 2 years or more than 100 years and may be fined not more than $50,000, unless the person has voluntarily released the victim alive, in a safe place, and with no serious bodily injury, in which event the person shall be imprisoned in the state prison for a term of not less than 2 years or more than 10 years and may be fined not more than $50,000.

History: En. 94-5-303 by Sec. 1, Ch. 513, L. 1973; amd. Sec. 12, Ch. 338, L. 1977; amd. Sec. 8, Ch. 584, L. 1977; R.C.M. 1947, 94-5-303; amd. Sec. 7, Ch. 198, L. 1981; amd. Sec. 6, Ch. 482, L. 1995.

Notes of Decisions
Cited in 59 cases (10 in the last 5 years), 1979–2026 · leading case: State v. Rosling, 2008 MT 62 (Mont. 2008).
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State v. Rosling, 2008 MT 62 (Mont. 2008). · cites it 54× “¶83 The purpose of a kidnapping statute, such as § 45-5-303, MCA, is to criminalize the act of kidnapping, an offense where the movement or secreting of the victim is a criminal end in itself: "[I]t is desirable to restrict the scope of kidnapping, as an alternative or…”
State v. Coleman, 605 P.2d 1000 (Mont. 1979). · cites it 18× “) Section 94-5-304, as it then read, imposed the death penalty if the victim dies as a result of the criminal conduct "unless there are mitigating circumstances.”
State v. Langford, 813 P.2d 936 (Mont. 1991). · cites it 15× “ing when he or she: “knowingly or purposely and without lawful authority restrains another person by either secreting or holding him in a place of isolation or by using or threatening to use physical force, with any of the following purposes: “(b) to facilitate commission of any…”
State v. Keith, 754 P.2d 474 (Mont. 1988). · cites it 14× “); (3) aggravated kidnapping, Section 45-5-303, MCA (victim: William Crose, Jr.”
State v. Close, 623 P.2d 940 (Mont. 1981). · cites it 9× “On June 3, 1976, the jury found defendant guilty of the following crimes, all arising out of one incident: Count I, deliberate homicide, section 45-5-102, MCA; Count II, aggravated kidnapping, section 45-5-303 MCA; and Count III, robbery, section 45-5-401, MCA.”
Fitzpatrick v. State, 638 P.2d 1002 (Mont. 1981). · cites it 9× “The crime of aggravated kidnapping is provided for in § 45-5-303, MCA. This being a death penalty case, that departure cannot be lightly passed over.”
State v. Smith, 742 P.2d 451 (Mont. 1987). · cites it 18× “Smith’s conviction of aggravated kidnapping? *262 Section 45-5-303(1), MCA, reads in part: “A person commits the offense of aggravated kidnapping if he knowingly or purposely and without lawful authority restrains another person .”
State v. Lester Kills on Top, 787 P.2d 336 (Mont. 1990). · cites it 8× “JURY VERDICT: Guilty COUNT II The Defendant LESTER KILLS ON TOP, committed the offense of Aggravated Kidnapping, a felony, as defined in § 45-5-303(1)(b) and § 45-2-302(3), MCA, in that on or about October 17, 1987, in Custer County, Montana and Campbell County, Wyoming, LESTER…”
Whitlow v. State, 2008 MT 140 (Mont. 2008). · cites it 2× “FACTUAL AND PROCEDURAL BACKGROUND ¶2 On August 18, 1993, the State charged Whitlow, by Information, with one felony count of aggravated kidnapping, in violation of § 45-5-303, MCA, and one felony count of sexual intercourse without consent, in violation of § 45-5-503, MCA.”
Coleman v. State, 633 P.2d 624 (Mont. 1981). · cites it 5× “(See, section 45-5-303, MCA.) But he was not so charged.”
State v. Goodwin, 679 P.2d 231 (Mont. 1984). · cites it 13× “Section 45-5-303(2), MCA is the aggravated kidnapping sentencing statute, which in part provides that a person convicted of the offense may be imprisoned up to 100 years unless he has voluntarily released the victim alive, in a safe place and not suffering from serious bodily…”
State v. Tapson, 2001 MT 292 (Mont. 2001). · cites it 3× “Factual and Procedural Background ¶ 6 On October 14, 1998, the State charged Tapson with three felony counts: sexual intercourse without consent, in violation of § 45-5-503, MCA; aggravated kidnaping, in violation of § 45-5-303(1)(c), *307 MCA; and attempted deliberate homicide,…”
Show all 59 citing cases →
— Mont. Code Ann. § 45-5-303(1) — 8 cases
State v. Rosling, 2008 MT 62 (Mont. 2008). “¶83 The purpose of a kidnapping statute, such as § 45-5-303, MCA, is to criminalize the act of kidnapping, an offense where the movement or secreting of the victim is a criminal end in itself: "[I]t is desirable to restrict the scope of kidnapping, as an alternative or…”
State v. Langford, 813 P.2d 936 (Mont. 1991). “ing when he or she: “knowingly or purposely and without lawful authority restrains another person by either secreting or holding him in a place of isolation or by using or threatening to use physical force, with any of the following purposes: “(b) to facilitate commission of any…”
Watson v. State, 2002 MT 329 (Mont. 2002).
State v. Belanus, 2010 MT 204 (Mont. 2010).
State v. Smith, 742 P.2d 451 (Mont. 1987). “Smith’s conviction of aggravated kidnapping? *262 Section 45-5-303(1), MCA, reads in part: “A person commits the offense of aggravated kidnapping if he knowingly or purposely and without lawful authority restrains another person .”
— Mont. Code Ann. § 45-5-303(1)(a) — 2 cases
State v. Buckman, 630 P.2d 743 (Mont. 1981).
State v. Clawson, 781 P.2d 267 (Mont. 1989).
— Mont. Code Ann. § 45-5-303(1)(b) — 6 cases
State v. LaPier, 790 P.2d 983 (Mont. 1990).
State v. Lester Kills on Top, 787 P.2d 336 (Mont. 1990). “JURY VERDICT: Guilty COUNT II The Defendant LESTER KILLS ON TOP, committed the offense of Aggravated Kidnapping, a felony, as defined in § 45-5-303(1)(b) and § 45-2-302(3), MCA, in that on or about October 17, 1987, in Custer County, Montana and Campbell County, Wyoming, LESTER…”
State v. Griego, 2016 MT 207 (Mont. 2016).
State v. G. West, 2026 MT 13 (Mont. 2026).
State v. Johnson, 377 Mont. 35 (Mont. 2014).
— Mont. Code Ann. § 45-5-303(1)(c) — 7 cases
State v. Rosling, 2008 MT 62 (Mont. 2008). “¶83 The purpose of a kidnapping statute, such as § 45-5-303, MCA, is to criminalize the act of kidnapping, an offense where the movement or secreting of the victim is a criminal end in itself: "[I]t is desirable to restrict the scope of kidnapping, as an alternative or…”
State v. Lester Kills on Top, 787 P.2d 336 (Mont. 1990). “JURY VERDICT: Guilty COUNT II The Defendant LESTER KILLS ON TOP, committed the offense of Aggravated Kidnapping, a felony, as defined in § 45-5-303(1)(b) and § 45-2-302(3), MCA, in that on or about October 17, 1987, in Custer County, Montana and Campbell County, Wyoming, LESTER…”
State v. Stringer, 897 P.2d 1063 (Mont. 1995).
State v. Tapson, 2001 MT 292 (Mont. 2001). “Factual and Procedural Background ¶ 6 On October 14, 1998, the State charged Tapson with three felony counts: sexual intercourse without consent, in violation of § 45-5-503, MCA; aggravated kidnaping, in violation of § 45-5-303(1)(c), *307 MCA; and attempted deliberate homicide,…”
State v. Smith, 742 P.2d 451 (Mont. 1987). “Smith’s conviction of aggravated kidnapping? *262 Section 45-5-303(1), MCA, reads in part: “A person commits the offense of aggravated kidnapping if he knowingly or purposely and without lawful authority restrains another person .”
— Mont. Code Ann. § 45-5-303(2) — 15 cases
State v. Coleman, 605 P.2d 1000 (Mont. 1979). “) Section 94-5-304, as it then read, imposed the death penalty if the victim dies as a result of the criminal conduct "unless there are mitigating circumstances.”
State v. Smith, 742 P.2d 451 (Mont. 1987). “Smith’s conviction of aggravated kidnapping? *262 Section 45-5-303(1), MCA, reads in part: “A person commits the offense of aggravated kidnapping if he knowingly or purposely and without lawful authority restrains another person .”
State v. Goodwin, 679 P.2d 231 (Mont. 1984). “Section 45-5-303(2), MCA is the aggravated kidnapping sentencing statute, which in part provides that a person convicted of the offense may be imprisoned up to 100 years unless he has voluntarily released the victim alive, in a safe place and not suffering from serious bodily…”
State v. Nelson, 2002 MT 122 (Mont. 2002).
Vernon Kills on Top v. State, 2000 MT 340 (Mont. 2000).
— Mont. Code Ann. § 45-5-303(l)(a) — 3 cases
Fitzpatrick v. State, 638 P.2d 1002 (Mont. 1981). “The crime of aggravated kidnapping is provided for in § 45-5-303, MCA. This being a death penalty case, that departure cannot be lightly passed over.”
State v. Buckman, 630 P.2d 743 (Mont. 1981).
State v. Clawson, 781 P.2d 267 (Mont. 1989).
— Mont. Code Ann. § 45-5-303(l)(b) — 4 cases
State v. Langford, 813 P.2d 936 (Mont. 1991). “ing when he or she: “knowingly or purposely and without lawful authority restrains another person by either secreting or holding him in a place of isolation or by using or threatening to use physical force, with any of the following purposes: “(b) to facilitate commission of any…”
State v. Close, 623 P.2d 940 (Mont. 1981). “On June 3, 1976, the jury found defendant guilty of the following crimes, all arising out of one incident: Count I, deliberate homicide, section 45-5-102, MCA; Count II, aggravated kidnapping, section 45-5-303 MCA; and Count III, robbery, section 45-5-401, MCA.”
State v. Vern Kills on Top, 793 P.2d 1273 (Mont. 1990).
State v. Lester Kills on Top, 787 P.2d 336 (Mont. 1990). “JURY VERDICT: Guilty COUNT II The Defendant LESTER KILLS ON TOP, committed the offense of Aggravated Kidnapping, a felony, as defined in § 45-5-303(1)(b) and § 45-2-302(3), MCA, in that on or about October 17, 1987, in Custer County, Montana and Campbell County, Wyoming, LESTER…”
— Mont. Code Ann. § 45-5-303(l)(c) — 8 cases
State v. Rosling, 2008 MT 62 (Mont. 2008). “¶83 The purpose of a kidnapping statute, such as § 45-5-303, MCA, is to criminalize the act of kidnapping, an offense where the movement or secreting of the victim is a criminal end in itself: "[I]t is desirable to restrict the scope of kidnapping, as an alternative or…”
State v. Langford, 813 P.2d 936 (Mont. 1991). “ing when he or she: “knowingly or purposely and without lawful authority restrains another person by either secreting or holding him in a place of isolation or by using or threatening to use physical force, with any of the following purposes: “(b) to facilitate commission of any…”
State v. Tapson, 2001 MT 292 (Mont. 2001). “Factual and Procedural Background ¶ 6 On October 14, 1998, the State charged Tapson with three felony counts: sexual intercourse without consent, in violation of § 45-5-503, MCA; aggravated kidnaping, in violation of § 45-5-303(1)(c), *307 MCA; and attempted deliberate homicide,…”
State v. Lester Kills on Top, 787 P.2d 336 (Mont. 1990). “JURY VERDICT: Guilty COUNT II The Defendant LESTER KILLS ON TOP, committed the offense of Aggravated Kidnapping, a felony, as defined in § 45-5-303(1)(b) and § 45-2-302(3), MCA, in that on or about October 17, 1987, in Custer County, Montana and Campbell County, Wyoming, LESTER…”
State v. Meyer, 2005 MT 215 (Mont. 2005).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.