(a) Any person who shall unlawfully confine, restrain, or remove from one place to another, any other person 16 years of age or over without the consent of such person, or any other person under the age of 16 years without the consent of a parent or legal custodian of such person, shall be guilty of kidnapping if such confinement, restraint or removal is for the purpose of:
(1) Holding such other person for a ransom or as a hostage or using such other person as a shield; or
(2) Facilitating the commission of any felony or facilitating flight of any person following the commission of a felony; or
(3) Doing serious bodily harm to or terrorizing the person so confined, restrained or removed or any other person; or
(4) Holding such other person in involuntary servitude in violation of G.S. 14-43.12.
(5) Trafficking another person with the intent that the other person be held in involuntary servitude or sexual servitude in violation of G.S. 14-43.11.
(6) Subjecting or maintaining such other person for sexual servitude in violation of G.S. 14-43.13.
(b) There shall be two degrees of kidnapping as defined by subsection (a). If the person kidnapped either was not released by the defendant in a safe place or had been seriously injured or sexually assaulted, the offense is kidnapping in the first degree and is punishable as a Class C felony. If the person kidnapped was released in a safe place by the defendant and had not been seriously injured or sexually assaulted, the offense is kidnapping in the second degree and is punishable as a Class E felony.
(c) Any firm or corporation convicted of kidnapping shall be punished by a fine of not less than five thousand dollars ($5,000) nor more than one hundred thousand dollars ($100,000), and its charter and right to do business in the State of North Carolina shall be forfeited. (1933, c. 542; 1975, c. 843, s. 1; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1; c. 179, s. 14; 1983, c. 746, s. 2; 1993, c. 539, s. 1143; 1994, Ex. Sess., c. 24, s. 14(c); 1995, c. 509, s. 8; 2006-247, s. 20(c).)
Notes of Decisions
Cited in
386
cases (
29 in the last 5 years), 1946–2025 · leading case:
State v. China, 811 S.E.2d 145 (N.C. 2018).
State v. China, 811 S.E.2d 145 (N.C. 2018).
· cites it 175× “] N.C.G.S. § 14-39 (2017). Accordingly, to obtain a conviction for second-degree2 kidnapping the State is required to prove that a defendant (1) confined, restrained, or removed from one place to another any other person, (2) unlawfully, (3) without consent, and (4) for one of…”
State v. Rankin, 821 S.E.2d 787 (N.C. 2018).
· cites it 12× “Sturdivant, in which the defendant was indicted for, among other things, kidnapping under N.C.G.S. § 14-39, which prohibited a person from “confin[ing], restrain[ing], or remov[ing] from one place to another, any other person 16 years of age or over without the consent of such…”
State v. Ripley, 626 S.E.2d 289 (N.C. 2006).
· cites it 25× “*337 The offense of kidnapping, as it is now codified in N.C.G.S. § 14-39, did not take form until 1975, when the General Assembly amended section 14-39 and abandoned the traditional common law definition of kidnapping for an element-specific definition.”
State v. Freeland, 340 S.E.2d 35 (N.C. 1986).
· cites it 29× “In 1975 the legislature completely rewrote N.C.G.S. § 14-39.1975 Sess. Laws ch. 843, § 1.”
State v. Jerrett, 307 S.E.2d 339 (N.C. 1983).
· cites it 22× “The North Carolina kidnapping statute, G.S. 14-39, in pertinent part, provides: (a) Any person who shall unlawfully confine, restrain, or remove from one place to another, any other person 16 years of age or over without the consent of such person, or any other person under the…”
State v. Beatty, 495 S.E.2d 367 (N.C. 1998).
· cites it 31× “The robbers took more than $2,000 and fled. The robbery took approximately three to four minutes.”
State v. Robbins, 356 S.E.2d 279 (N.C. 1987).
· cites it 18× “" See N.C.G.S. § 14-39 (1986). The trial judge instructed the jury that in order to find defendant guilty of kidnapping Darryl Williams, it must find that defendant "unlawfully restrained Darryl Wade Williams by use of a twenty-two caliber pistol or carried Darryl Wade Williams…”
State v. Harrison, 610 S.E.2d 407 (N.C. Ct. App. 2005).
· cites it 36× “§ 14-39 (2003) defines the law of kidnapping in pertinent part as follows: (a) Any person who shall unlawfully confine, restrain, or remove from one place to another, any other person 16 years of age or over without the consent of such person, or any other person under the age…”
State v. Bell, 603 S.E.2d 93 (N.C. 2004).
· cites it 12× “N.C.G.S. § 14-39(a) (2003). Kidnapping is considered to be in the first-degree when the kidnapped person is not released in a safe place or is seriously injured or sexually assaulted during the commission of the kidnapping.”
State v. Roache, 595 S.E.2d 381 (N.C. 2004).
· cites it 9× “N.C.G.S. § 14-39(a) (2003). Kidnapping is of the first degree “[i]f the person kidnapped either was not released by the defendant in a safe place or had been seriously injured or sexually assaulted.”
State v. Brown, 321 S.E.2d 856 (N.C. 1984).
· cites it 18× “N.C.Gen.Stat. § 14-39 (1981 & Cum.Supp. 1983).”
State v. Williams, 249 S.E.2d 709 (N.C. 1978).
· cites it 16× “The most important question presented is whether it is permissible under our kidnapping statute, G.S. 14-39, 1 to sentence this defendant for the rape of Walters, the felonious assault against Harrison and each of the armed robberies, while at the same time sentencing him to…”
— N.C. Gen. Stat. § 14-39(1933) — 1 case
— N.C. Gen. Stat. § 14-39(a) — 88 cases
State v. Rankin, 821 S.E.2d 787 (N.C. 2018).
“Sturdivant, in which the defendant was indicted for, among other things, kidnapping under N.C.G.S. § 14-39, which prohibited a person from “confin[ing], restrain[ing], or remov[ing] from one place to another, any other person 16 years of age or over without the consent of such…”
State v. Bell, 603 S.E.2d 93 (N.C. 2004).
“N.C.G.S. § 14-39(a) (2003). Kidnapping is considered to be in the first-degree when the kidnapped person is not released in a safe place or is seriously injured or sexually assaulted during the commission of the kidnapping.”
State v. China, 811 S.E.2d 145 (N.C. 2018).
“] N.C.G.S. § 14-39 (2017). Accordingly, to obtain a conviction for second-degree2 kidnapping the State is required to prove that a defendant (1) confined, restrained, or removed from one place to another any other person, (2) unlawfully, (3) without consent, and (4) for one of…”
State v. Ripley, 626 S.E.2d 289 (N.C. 2006).
“*337 The offense of kidnapping, as it is now codified in N.C.G.S. § 14-39, did not take form until 1975, when the General Assembly amended section 14-39 and abandoned the traditional common law definition of kidnapping for an element-specific definition.”
— N.C. Gen. Stat. § 14-39(a)(2) — 37 cases
State v. China, 811 S.E.2d 145 (N.C. 2018).
“] N.C.G.S. § 14-39 (2017). Accordingly, to obtain a conviction for second-degree2 kidnapping the State is required to prove that a defendant (1) confined, restrained, or removed from one place to another any other person, (2) unlawfully, (3) without consent, and (4) for one of…”
— N.C. Gen. Stat. § 14-39(a)(3) — 13 cases
State v. China, 811 S.E.2d 145 (N.C. 2018).
“] N.C.G.S. § 14-39 (2017). Accordingly, to obtain a conviction for second-degree2 kidnapping the State is required to prove that a defendant (1) confined, restrained, or removed from one place to another any other person, (2) unlawfully, (3) without consent, and (4) for one of…”
State v. Brown, 321 S.E.2d 856 (N.C. 1984).
“N.C.Gen.Stat. § 14-39 (1981 & Cum.Supp. 1983).”
— N.C. Gen. Stat. § 14-39(a)(4) — 1 case
— N.C. Gen. Stat. § 14-39(a)(6) — 1 case
— N.C. Gen. Stat. § 14-39(a)(l) — 4 cases
— N.C. Gen. Stat. § 14-39(b) — 62 cases
State v. Jerrett, 307 S.E.2d 339 (N.C. 1983).
“The North Carolina kidnapping statute, G.S. 14-39, in pertinent part, provides: (a) Any person who shall unlawfully confine, restrain, or remove from one place to another, any other person 16 years of age or over without the consent of such person, or any other person under the…”
State v. Roache, 595 S.E.2d 381 (N.C. 2004).
“N.C.G.S. § 14-39(a) (2003). Kidnapping is of the first degree “[i]f the person kidnapped either was not released by the defendant in a safe place or had been seriously injured or sexually assaulted.”
State v. Freeland, 340 S.E.2d 35 (N.C. 1986).
“In 1975 the legislature completely rewrote N.C.G.S. § 14-39.1975 Sess. Laws ch. 843, § 1.”
State v. China, 811 S.E.2d 145 (N.C. 2018).
“] N.C.G.S. § 14-39 (2017). Accordingly, to obtain a conviction for second-degree2 kidnapping the State is required to prove that a defendant (1) confined, restrained, or removed from one place to another any other person, (2) unlawfully, (3) without consent, and (4) for one of…”
— N.C. Gen. Stat. § 14-39(b)(1996) — 1 case
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