(A) No person, without privilege to do so, shall knowingly do any of the following:
(1) By force or threat, remove another from the place where the other person is found;
(2) By force or threat, restrain the liberty of another person under circumstances that create a risk of physical harm to the victim or place the other person in fear;
(3) Hold another in a condition of involuntary servitude.
(B) No person, with a sexual motivation, shall violate division (A) of this section.
(C) Whoever violates this section is guilty of abduction. A violation of division (A)(1) or (2) of this section or a violation of division (B) of this section involving conduct of the type described in division (A)(1) or (2) of this section is a felony of the third degree. A violation of division (A)(3) of this section or a violation of division (B) of this section involving conduct of the type described in division (A)(3) of this section is a felony of the second degree. If the offender in any case also is convicted of or pleads guilty to a specification as described in section 2941.1422 of the Revised Code that was included in the indictment, count in the indictment, or information charging the offense, the court shall sentence the offender to a mandatory prison term as provided in division (B)(7) of section 2929.14 of the Revised Code and shall order the offender to make restitution as provided in division (B)(8) of section 2929.18 of the Revised Code.
(D) As used in this section:
(1) "Involuntary servitude" has the same meaning as in section 2905.31 of the Revised Code.
(2) "Sexual motivation" has the same meaning as in section 2971.01 of the Revised Code.
Notes of Decisions
Cited in 468
cases (186 in the last 5 years), 1956–2026 · leading case: State v. Plott, 2017-Ohio-38, 80 N.E.3d 1108.
State v. Plott, 2017-Ohio-38, 80 N.E.3d 1108. · cites it 4ד13-15-39, 13-15-40 R.C. 2905.02 - Abduction {¶67} R.C. 2905.”
State v. Haynes, 2022-Ohio-4473, 218 N.E.3d 878. · cites it 5דHaynes is indicted and convicted {¶ 31} Haynes was indicted on abduction charges under R.C. 2905.02. These charges stemmed from Haynes taking his three grandchildren to his home in the midst of a custody dispute with the children’s father.”
State v. Haller, 2012-Ohio-5233. · cites it 3ד1-11-34 III, complicity to commit abduction in violation of R.C. 2905.02(A)(2) and R.C. 2923.03(A)(2), a felony of the third degree with a firearm specification under R.”
State v. Andrews, 2020-Ohio-2703. · cites it 8דAndrews was convicted of two counts of abduction under two separate subdivisions of R.C. 2905.02. Those two subdivisions prohibit any person from knowingly, and without privilege to do so, using force or the threat of force to (1) “remove another from the place where the other…”
State v. Thacker, 2021-Ohio-2726. · cites it 4ד{¶29} Thacker’s abduction conviction under R.C. 2905.02(A)(1) and (B) required the state to show the following elements: “(A) No person, without privilege to do so, shall knowingly do any of the following: (1) By force or threat, remove another from the place where the other…”
State v. Steele, 2013-Ohio-2470, 3 N.E.3d 135. · cites it 4ד” Pursuant to the agreed-upon jury instructions, the trial court provided the jury with definitions for “privilege,” “arrest,” “probable cause,” and “reasonable grounds,” as they are used in R.C. 2905.02, 2901.01(A)(12), and 2935.03.”
State v. Turner, 2024-Ohio-684, 236 N.E.3d 945. · cites it 10ד{¶ 71} In this case, evidence presented at trial established that Turner committed abduction (restrain/sexual motivation) by grabbing H.”
State v. Maurer, 473 N.E.2d 768 (Ohio 1984). · cites it 2דOne of the primary differences between kidnapping and abduction involves the offender’s mental culpability.”
State v. Mole (Slip Opinion), 2016-Ohio-5124, 74 N.E.3d 368. · cites it 2ד02(A)(1)(b) (prohibiting sexual conduct with a nonspouse who is “less than thirteen years of age, whether or not the offender knows the age of the other person”) with former R.C. 2905.02 (1953 H.B. No. 1) (prohibiting sexual 3 Former R.”
State v. West, 2017-Ohio-4055, 91 N.E.3d 365. · cites it 4ד11(A)(1) and (D)(1)(a), a felony of the second degree; Count Three: Abduction, in violation of R.C. §2905.02(A)(2) and (C), a felony of the third degree; and Count Four: Domestic Violence, in violation of R.”
State v. Morgan, 2020-Ohio-3955, 156 N.E.3d 989. · cites it 4ד01 of the Revised Code or a violation of section 2905.02 of the Revised Code that is a felony of the second degree; (b) Any attempt to commit, conspiracy to commit, or complicity in committing any offense listed in division (A)(1)(a) of this section.”
State v. Steele, 2013-Ohio-2470, 3 N.E.3d 135. “” Pursuant to the agreed-upon jury instructions, the trial court provided the jury with definitions for “privilege,” “arrest,” “probable cause,” and “reasonable grounds,” as they are used in R.C. 2905.02, 2901.01(A)(12), and 2935.03.”
State v. Haynes, 2022-Ohio-4473, 218 N.E.3d 878. “Haynes is indicted and convicted {¶ 31} Haynes was indicted on abduction charges under R.C. 2905.02. These charges stemmed from Haynes taking his three grandchildren to his home in the midst of a custody dispute with the children’s father.”
State v. Thacker, 2021-Ohio-2726. “{¶29} Thacker’s abduction conviction under R.C. 2905.02(A)(1) and (B) required the state to show the following elements: “(A) No person, without privilege to do so, shall knowingly do any of the following: (1) By force or threat, remove another from the place where the other…”
State v. Plott, 2017-Ohio-38, 80 N.E.3d 1108. “13-15-39, 13-15-40 R.C. 2905.02 - Abduction {¶67} R.C. 2905.”
State v. Andrews, 2020-Ohio-2703. “Andrews was convicted of two counts of abduction under two separate subdivisions of R.C. 2905.02. Those two subdivisions prohibit any person from knowingly, and without privilege to do so, using force or the threat of force to (1) “remove another from the place where the other…”
State v. Thacker, 2021-Ohio-2726. “{¶29} Thacker’s abduction conviction under R.C. 2905.02(A)(1) and (B) required the state to show the following elements: “(A) No person, without privilege to do so, shall knowingly do any of the following: (1) By force or threat, remove another from the place where the other…”
State v. Haller, 2012-Ohio-5233. “1-11-34 III, complicity to commit abduction in violation of R.C. 2905.02(A)(2) and R.C. 2923.03(A)(2), a felony of the third degree with a firearm specification under R.”
State v. Plott, 2017-Ohio-38, 80 N.E.3d 1108. “13-15-39, 13-15-40 R.C. 2905.02 - Abduction {¶67} R.C. 2905.”
State v. West, 2017-Ohio-4055, 91 N.E.3d 365. “11(A)(1) and (D)(1)(a), a felony of the second degree; Count Three: Abduction, in violation of R.C. §2905.02(A)(2) and (C), a felony of the third degree; and Count Four: Domestic Violence, in violation of R.”
State v. Turner, 2024-Ohio-684, 236 N.E.3d 945. “{¶ 71} In this case, evidence presented at trial established that Turner committed abduction (restrain/sexual motivation) by grabbing H.”
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