N.J. Stat. » Title 2C — THE NEW JERSEY CODE OF CRIMINAL JUSTICE
New Jersey Statutes

N.J. Stat. § 2C:13-1 (2026)

Kidnapping

✓ current as of May 2026
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2C:13-1. Kidnapping. a. Holding for ransom, reward, or as a hostage. A person is guilty of kidnapping if he unlawfully removes another from the place where he is found or if he unlawfully confines another with the purpose of holding that person for ransom or reward or as a shield or hostage.

b. Holding for other purposes. A person is guilty of kidnapping if he unlawfully removes another from his place of residence or business, or a substantial distance from the vicinity where he is found, or if he unlawfully confines another for a substantial period, with any of the following purposes:

(1) To facilitate commission of any crime or flight thereafter;

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

(3) To interfere with the performance of any governmental or political function; or

(4) To permanently deprive a parent, guardian, or other lawful custodian of custody of the victim.

c. Grading of kidnapping. (1) Except as provided in paragraph (2) of this subsection, kidnapping is a crime of the first degree and upon conviction thereof, a person may, notwithstanding the provisions of paragraph (1) of subsection a. of N.J.S.2C:43-6, be sentenced to an ordinary term of imprisonment between 15 and 30 years. If the actor releases the victim unharmed and in a safe place prior to apprehension, it is a crime of the second degree.

(2) Kidnapping is a crime of the first degree and upon conviction thereof, an actor shall be sentenced to a term of imprisonment by the court, if the victim of the kidnapping is less than 16 years of age and if during the kidnapping:

(a) A crime under N.J.S.2C:14-2 or subsection a. of N.J.S.2C:14-3 is committed against the victim;

(b) A crime under subsection b. of N.J.S.2C:24-4 is committed against the victim; or

(c) The actor sells or delivers the victim to another person for pecuniary gain other than in circumstances which lead to the return of the victim to a parent, guardian or other person responsible for the general supervision of the victim.

Notwithstanding the provisions of paragraph (1) of subsection a. of N.J.S.2C:43-6, the term of imprisonment imposed under this paragraph shall be either a term of 25 years during which the actor shall not be eligible for parole, or a specific term between 25 years and life imprisonment, of which the actor shall serve 25 years before being eligible for parole; provided, however, that the crime of kidnapping under this paragraph and underlying aggravating crimes listed in subparagraph (a), (b), or (c) of this paragraph shall merge for purposes of sentencing. If the actor is convicted of the criminal homicide of a victim of a kidnapping under the provisions of chapter 11, any sentence imposed under provisions of this paragraph shall be served consecutively to any sentence imposed pursuant to the provisions of chapter 11.

d. "Unlawful" removal or confinement. A removal or confinement is unlawful within the meaning of this section and of sections 2C:13-2 and 2C:13-3, if it is accomplished by force, threat, or deception, or, in the case of a person who is under the age of 14 or is incompetent, if it is accomplished without the consent of a parent, guardian, or other person responsible for general supervision of his welfare.

e. It is an affirmative defense to a prosecution under paragraph (4) of subsection b. of this section, which must be proved by clear and convincing evidence, that:

(1) The actor reasonably believed that the action was necessary to preserve the victim from imminent danger to his welfare. However, no defense shall be available pursuant to this subsection if the actor does not, as soon as reasonably practicable but in no event more than 24 hours after taking a victim under his protection, give notice of the victim's location to the police department of the municipality where the victim resided, the office of the county prosecutor in the county where the victim resided, or the Division of Child Protection and Permanency in the Department of Children and Families;

(2) The actor reasonably believed that the taking or detaining of the victim was consented to by a parent, or by an authorized State agency; or

(3) The victim, being at the time of the taking or concealment not less than 14 years old, was taken away at his own volition by his parent and without purpose to commit a criminal offense with or against the victim.

f. It is an affirmative defense to a prosecution under paragraph (4) of subsection b. of this section that a parent having the right of custody reasonably believed he was fleeing from imminent physical danger from the other parent, provided that the parent having custody, as soon as reasonably practicable:

(1) Gives notice of the victim's location to the police department of the municipality where the victim resided, the office of the county prosecutor in the county where the victim resided, or the Division of Child Protection and Permanency in the Department of Children and Families; or

(2) Commences an action affecting custody in an appropriate court.

g. As used in subsections e. and f. of this section, "parent" means a parent, guardian or other lawful custodian of a victim.

Notes of Decisions
Cited in 182 cases (69 in the last 5 years), 1977–2026 · leading case: State v. Cruz-Pena, 212 A.3d 488 (N.J. Super. Ct. App. Div. 2019).
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State v. Cruz-Pena, 212 A.3d 488 (N.J. Super. Ct. App. Div. 2019). · cites it 8× “We therefore conclude that in accordance with authoritative precedent interpreting the New Jersey Code of Criminal Justice, N.J.S.A. 2C:13-1(b), the kidnapping charge should not have been submitted to the jury.”
State v. Froland, 936 A.2d 947 (N.J. 2007). · cites it 3× “2 Final Report of New Jersey Criminal Law Revision Commission, commentary to § 2C:13-1, 181 (1971). In revising the kidnapping statutes, the Commission substantially adopted the approach of the American Law Institute's Model Penal Code.”
State v. Wooten, 374 A.2d 1204 (N.J. 1977). · cites it 4× “11, 1960); Proposed New Jersey Penal Code § 2C:13-1, Commenary at 181 (1971). Many states did choose this option, see ante at 323 n.”
State v. Hester, 186 A.3d 236 (N.J. 2018). “2C:24-4(a), luring or an attempt to commit any such offense." N.J.A.C. 10A:71-6.11(a). Defendants' challenge to the constitutionality of the 2014 Amendment, as applied, is limited to those defendants on CSL for offenses that predated the enactment of the Amendment.”
State of New Jersey v. Brandon Kane, 155 A.3d 612 (N.J. Super. Ct. App. Div. 2017). “2C:12-1(b)(1); second-degree kidnapping of Marjie, as a lesser-included offense of first-degree kidnapping, N.J.S.A. 2C:13-1(b); third-degree terroristic threats of Marjie, N.”
United States v. Gonzalez-Ramirez, 477 F.3d 310 (5th Cir. 2007). “2006); N.J. Stat. Ann § 2C:13-1 (Westlaw through 2006 legislation); N.”
In re Petition for Expungement of W.S., 842 A.2d 849 (N.J. Super. Ct. App. Div. 2004). · cites it 4× “(Criminal Homicide), except death by auto as specified in section 2C:ll-5; section 2C:13-1 (Kidnapping); section 2C:13-6 (Luring or Enticing); section 2C:14-2 (Aggravated Sexual Assault); section 2C:14-3a (Aggravated Criminal Sexual Contact); if the victim is a minor, section…”
Kamen v. Egan, 730 A.2d 873 (N.J. Super. Ct. App. Div. 1999). “2C:12-3 (4) Kidnapping N.J.S.A. 2C:13-1 (5) Criminal restraint N.”
Thomas Affinito v. Roy Hendricks Attorney Gen. of the State of New Jersey, 366 F.3d 252 (3rd Cir. 2004). “§ 2C:ll-3(a)(l) and (2); (2) first-degree kidnapping, N.J. Stat. Ann. § 2C:13-1(b)(1) and(2); and (3) felony murder, N.”
Hackett v. Mulcahy, 493 F. Supp. 1329 (D.N.J. 1980). “§ 2C:13-1. 12 . Larry Moss gave sworn statements on February 17, March 18, and April 14, 1977, repudiating his trial testimony.”
In re the Expungement Petition of D.H., 6 A.3d 421 (N.J. 2010). · cites it 2× “(Criminal Homicide), except death by auto as specified in section 2C:ll-5; section 2C:13-1 (Kidnapping); section 2C:13-6 (Luring or Enticing); section 2C:14r-2 (Aggravated Sexual Assault); section 2C:14-3a (Aggravated Criminal Sexual Contact); if the victim is a minor, section…”
State v. Federico, 486 A.2d 882 (N.J. Super. Ct. App. Div. 1984). “II: Commentary § 2C:13-1, p. 186 (1971)] [hereinafter cited as Commentary ].”
Show all 182 citing cases →
— N.J. Stat. § 2C:13-1(B)(1) — 1 case
State of New Jersey Vs. J.Y.D. (12-05-1124, Atl. Cnty. & Statewide) (record Impounded) (N.J. Super. Ct. App. Div. 2017).
— N.J. Stat. § 2C:13-1(a) — 10 cases
State of New Jersey v. John Blocker (16-03-0254, Gloucester Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2022).
State of New Jersey v. George E. Norcross, III (N.J. Super. Ct. App. Div. 2026).
Wayne Cole Vs. New Jersey State Parole Bd. (new Jersey State Parole Bd.) (N.J. Super. Ct. App. Div. 2017).
State of New Jersey Vs. Joseph Fontanez (09-06-0493 & 12-05-0329, Cape May Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2017).
State of New Jersey Vs. Demetrius Corvil (13-05-0480, Union Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2019).
— N.J. Stat. § 2C:13-1(b) — 72 cases
State v. Cruz-Pena, 212 A.3d 488 (N.J. Super. Ct. App. Div. 2019). “We therefore conclude that in accordance with authoritative precedent interpreting the New Jersey Code of Criminal Justice, N.J.S.A. 2C:13-1(b), the kidnapping charge should not have been submitted to the jury.”
State of New Jersey v. Brandon Kane, 155 A.3d 612 (N.J. Super. Ct. App. Div. 2017). “2C:12-1(b)(1); second-degree kidnapping of Marjie, as a lesser-included offense of first-degree kidnapping, N.J.S.A. 2C:13-1(b); third-degree terroristic threats of Marjie, N.”
State v. Juan E. Cruz-Pena (083177) (Passaic Cnty. & Statewide) (N.J. 2020).
State of New Jersey Vs. Marcquese W. Paisley (15-06-0720, Middlesex Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2017).
State of New Jersey Vs. Michael Cawley (08-12-2127, Bergen Cnty. & Statewide) (record Impounded) (N.J. Super. Ct. App. Div. 2021).
— N.J. Stat. § 2C:13-1(b)(1) — 68 cases
Thomas Affinito v. Roy Hendricks Attorney Gen. of the State of New Jersey, 366 F.3d 252 (3rd Cir. 2004). “§ 2C:ll-3(a)(l) and (2); (2) first-degree kidnapping, N.J. Stat. Ann. § 2C:13-1(b)(1) and(2); and (3) felony murder, N.”
State v. Cruz-Pena, 212 A.3d 488 (N.J. Super. Ct. App. Div. 2019). “We therefore conclude that in accordance with authoritative precedent interpreting the New Jersey Code of Criminal Justice, N.J.S.A. 2C:13-1(b), the kidnapping charge should not have been submitted to the jury.”
State of New Jersey Vs. Esterlin M. Torres & Jonathan Torres (09-09-3185, Camden Cnty. & Statewide)(Consol.) (N.J. Super. Ct. App. Div. 2018).
State of New Jersey Vs. Arcadio J. Nova (14-02-0094, Passaic Cnty. & Statewide) (record Impounded) (N.J. Super. Ct. App. Div. 2019).
State of New Jersey Vs. Michelle Paden- Battle (15-03-0584, Essex Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2020).
— N.J. Stat. § 2C:13-1(b)(2) — 22 cases
State v. Cruz-Pena, 212 A.3d 488 (N.J. Super. Ct. App. Div. 2019). “We therefore conclude that in accordance with authoritative precedent interpreting the New Jersey Code of Criminal Justice, N.J.S.A. 2C:13-1(b), the kidnapping charge should not have been submitted to the jury.”
C.P.M. v. D'Ilio, 916 F. Supp. 415 (D.N.J. 1996).
State v. Lujan, 911 P.2d 562 (Ariz. Ct. App. 1995).
State of New Jersey Vs. Keith Kenion(04-02-0178, Cumberland Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2017).
State of New Jersey Vs. Elton G. Caesar (11-11-2104, Essex Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2018).
— N.J. Stat. § 2C:13-1(b)(4) — 2 cases
State of New Jersey v. M.L.N. (N.J. Super. Ct. App. Div. 2026).
A.D.A. Vs. R.J. (fd-02-0765-19, Bergen Cnty. & Statewide) (record Impounded) (N.J. Super. Ct. App. Div. 2020).
— N.J. Stat. § 2C:13-1(c) — 7 cases
State v. Keith v. Cuff (080753) (Camden Cnty. & Statewide) (N.J. 2019).
State of New Jersey Vs. Michael M. Winters(13-09-2933, Camden Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2017).
State of New Jersey Vs. Porfirio a. Nunez-mosquea (12-08-1139 & 12-08-1142, Middlesex Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2017).
State of New Jersey Vs. Willie H. Hymon, Jr. (17-01-0026, Burlington Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2019).
State of New Jersey Vs. Dennis Welch (11-02-0440, Camden Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2020).
— N.J. Stat. § 2C:13-1(c)(1) — 9 cases
State v. Juan E. Cruz-Pena (083177) (Passaic Cnty. & Statewide) (N.J. 2020).
State v. Keith v. Cuff (080753) (Camden Cnty. & Statewide) (N.J. 2019).
Carlos Olavarria Vs. New Jersey Dep't of Corr. (new Jersey Dep't of Corr.) (N.J. Super. Ct. App. Div. 2018).
State of New Jersey Vs. Mervin R. Fitzgerald (14-08-0687, Union Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2020).
State of New Jersey Vs. Michelle Paden- Battle (15-03-0584, Essex Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2020).
— N.J. Stat. § 2C:13-1(c)(2) — 5 cases
State v. Hester, 186 A.3d 236 (N.J. 2018). “2C:24-4(a), luring or an attempt to commit any such offense." N.J.A.C. 10A:71-6.11(a). Defendants' challenge to the constitutionality of the 2014 Amendment, as applied, is limited to those defendants on CSL for offenses that predated the enactment of the Amendment.”
State v. Lujan, 911 P.2d 562 (Ariz. Ct. App. 1995).
State of New Jersey Vs. P.R.R. (14-02-0506, Essex Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2020).
State of New Jersey Vs. Gerald J. Pohida (04-04-0497, Middlesex Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2020).
State of New Jersey v. Craig Reid (N.J. Super. Ct. App. Div. 2025).
— N.J. Stat. § 2C:13-1(c)(2)(b) — 1 case
In the Matter of the Civil Commitment of T.L. (svp-774-17, Hudson Cnty. & Statewide) (record Impounded) (N.J. Super. Ct. App. Div. 2022).
— N.J. Stat. § 2C:13-1(c)(2)(c) — 1 case
E.B. v. Verniero (Part II) (3rd Cir. 1997).
— N.J. Stat. § 2C:13-1(d) — 3 cases
State v. Juan E. Cruz-Pena (083177) (Passaic Cnty. & Statewide) (N.J. 2020).
State of New Jersey Vs. Arcadio J. Nova (14-02-0094, Passaic Cnty. & Statewide) (record Impounded) (N.J. Super. Ct. App. Div. 2019).
State of New Jersey v. Terrance v. Nokes (N.J. Super. Ct. App. Div. 2024).
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