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Oregon Revised Statutes

Or. Rev. Stat. § 163.225 (2026)

Kidnapping in the second degree

✓ current as of May 2026
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      163.225 Kidnapping in the second degree. (1) A person commits the crime of kidnapping in the second degree if, with intent to interfere substantially with another’s personal liberty, and without consent or legal authority, the person:

      (a) Takes the person from one place to another; or

      (b) Secretly confines the person in a place where the person is not likely to be found.

      (2) It is a defense to a prosecution under subsection (1) of this section if:

      (a) The person taken or confined is under 16 years of age;

      (b) The defendant is a relative of that person; and

      (c) The sole purpose of the person is to assume control of that person.

      (3) Kidnapping in the second degree is a Class B felony. [1971 c.743 §98; 2005 c.22 §111]

 

      163.230 [Repealed by 1971 c.743 §432]

Notes of Decisions
Cited in 190 cases (32 in the last 5 years), 1973–2026 · leading case: State v. Walch, 213 P.3d 1201 (Or. 2009).
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State v. Walch, 213 P.3d 1201 (Or. 2009). · cites it 86× “235(1), provides: "A person commits the crime of kidnapping in the first degree if the person violates ORS 163.225 with any of the following purposes: "(a) To compel any person to pay or deliver money or property as ransom; "(b) To hold the victim as a shield or hostage; "(c) To…”
State v. Parkins, 211 P.3d 262 (Or. 2009). · cites it 27× “235(1) defines that crime: "A person commits the crime of kidnapping in the first degree if the person violates ORS 163.225 with any of the following purposes: "(a) To compel any person to pay or deliver money or property as ransom; "(b) To hold the victim as a shield or…”
State v. Murray, 136 P.3d 10 (Or. 2006). · cites it 18× “*11 GILLETTE, J. This is a criminal case in which defendant challenges the sufficiency of the evidence to support his conviction for the offense of kidnapping in the second degree (ORS 163.”
State v. Wolleat, 111 P.3d 1131 (Or. 2005). · cites it 10× “To establish that defendant had committed first-degree kidnapping, as alleged in the indictment, the state had to prove that defendant (1) took the victim from one place to another; (2) with the intent to interfere substantially with her personal liberty; (3) without consent or…”
State v. Sierra, 254 P.3d 149 (Or. 2010). · cites it 13× “This is a criminal case in which defendant challenges the sufficiency of the evidence to support his two convictions for the offense of kidnapping in the second degree, ORS 163.225, and his single conviction for the offense of kidnapping in the first degree, ORS 163.”
State v. Garcia, 605 P.2d 671 (Or. 1980). · cites it 8× “[8] As finally enacted the law does not even require that there actually be *676 a substantial interference with the victim's personal liberty; it is only necessary that the perpetrator have the " intent to interfere substantially" with the victim's personal liberty to make the…”
State v. Soto, 551 P.3d 893 (Or. 2024). · cites it 7× “Kidnapping Statute The essential elements of kidnapping are set out in ORS 163.225, which defines the second-degree crime.”
State v. Anderson, 542 P.3d 449 (Or. Ct. App. 2023). · cites it 11× “Defendant appeals from the judgment of conviction that was thereafter entered against him for each of those crimes: kidnapping in the second degree, ORS 163.225, and menacing, ORS 163.190(1), both of which constituted domestic violence, ORS 132.”
State v. Mejia, 227 P.3d 1139 (Or. 2010). · cites it 8× “Kidnapping in the second degree is defined by ORS 163.225, which provides, in part: “(1) A person commits the crime of kidnapping in the second degree if, with intent to interfere substantially with another’s personal liberty, and without consent or legal authority, the person:…”
State v. Anderson, 374 Or. 326 (Or. 2025). · cites it 10× “The second-degree kidnapping statute, ORS 163.225, provides in relevant part: “(1) A person commits the crime of kidnapping in the second degree if, with intent to interfere substantially with another’s personal liberty, and without consent or legal authority, the person: “(a)…”
State v. Zweigart, 188 P.3d 242 (Or. 2008). · cites it 6× “115(1)(b) lists as supporting a felony murder charge are "[k]idnapping in the second degree as defined in ORS 163.225," ORS 163.115(1)(b)(E), and "[r]obbery in the first degree as defined in ORS 164.”
State v. Opitz, 301 P.3d 946 (Or. Ct. App. 2013). · cites it 13× “1 Defendant contends that the state did not adduce sufficient evidence to allow the trial court to find either of the conjunctive, requisite elements of ORS 163.225 beyond a reasonable doubt. For the reasons amplified below, we conclude that the evidence was insufficient for a…”
Show all 190 citing cases →
— Or. Rev. Stat. § 163.225(1) — 50 cases
State v. Parkins, 211 P.3d 262 (Or. 2009). “235(1) defines that crime: "A person commits the crime of kidnapping in the first degree if the person violates ORS 163.225 with any of the following purposes: "(a) To compel any person to pay or deliver money or property as ransom; "(b) To hold the victim as a shield or…”
State v. Walch, 213 P.3d 1201 (Or. 2009). “235(1), provides: "A person commits the crime of kidnapping in the first degree if the person violates ORS 163.225 with any of the following purposes: "(a) To compel any person to pay or deliver money or property as ransom; "(b) To hold the victim as a shield or hostage; "(c) To…”
State v. Zweigart, 188 P.3d 242 (Or. 2008). “115(1)(b) lists as supporting a felony murder charge are "[k]idnapping in the second degree as defined in ORS 163.225," ORS 163.115(1)(b)(E), and "[r]obbery in the first degree as defined in ORS 164.”
State v. Wolleat, 111 P.3d 1131 (Or. 2005). “To establish that defendant had committed first-degree kidnapping, as alleged in the indictment, the state had to prove that defendant (1) took the victim from one place to another; (2) with the intent to interfere substantially with her personal liberty; (3) without consent or…”
State v. Anderson, 542 P.3d 449 (Or. Ct. App. 2023). “Defendant appeals from the judgment of conviction that was thereafter entered against him for each of those crimes: kidnapping in the second degree, ORS 163.225, and menacing, ORS 163.190(1), both of which constituted domestic violence, ORS 132.”
— Or. Rev. Stat. § 163.225(1)(6) — 1 case
State v. Walch, 213 P.3d 1201 (Or. 2009). “235(1), provides: "A person commits the crime of kidnapping in the first degree if the person violates ORS 163.225 with any of the following purposes: "(a) To compel any person to pay or deliver money or property as ransom; "(b) To hold the victim as a shield or hostage; "(c) To…”
— Or. Rev. Stat. § 163.225(1)(a) — 36 cases
State v. Walch, 213 P.3d 1201 (Or. 2009). “235(1), provides: "A person commits the crime of kidnapping in the first degree if the person violates ORS 163.225 with any of the following purposes: "(a) To compel any person to pay or deliver money or property as ransom; "(b) To hold the victim as a shield or hostage; "(c) To…”
State v. Soto, 551 P.3d 893 (Or. 2024). “Kidnapping Statute The essential elements of kidnapping are set out in ORS 163.225, which defines the second-degree crime.”
State v. Murray, 136 P.3d 10 (Or. 2006). “*11 GILLETTE, J. This is a criminal case in which defendant challenges the sufficiency of the evidence to support his conviction for the offense of kidnapping in the second degree (ORS 163.”
State v. Anderson, 542 P.3d 449 (Or. Ct. App. 2023). “Defendant appeals from the judgment of conviction that was thereafter entered against him for each of those crimes: kidnapping in the second degree, ORS 163.225, and menacing, ORS 163.190(1), both of which constituted domestic violence, ORS 132.”
State v. Guerrero, 545 P.3d 1287 (Or. Ct. App. 2024).
— Or. Rev. Stat. § 163.225(1)(b) — 15 cases
State v. Parkins, 211 P.3d 262 (Or. 2009). “235(1) defines that crime: "A person commits the crime of kidnapping in the first degree if the person violates ORS 163.225 with any of the following purposes: "(a) To compel any person to pay or deliver money or property as ransom; "(b) To hold the victim as a shield or…”
State v. Walch, 213 P.3d 1201 (Or. 2009). “235(1), provides: "A person commits the crime of kidnapping in the first degree if the person violates ORS 163.225 with any of the following purposes: "(a) To compel any person to pay or deliver money or property as ransom; "(b) To hold the victim as a shield or hostage; "(c) To…”
State v. Mejia, 227 P.3d 1139 (Or. 2010). “Kidnapping in the second degree is defined by ORS 163.225, which provides, in part: “(1) A person commits the crime of kidnapping in the second degree if, with intent to interfere substantially with another’s personal liberty, and without consent or legal authority, the person:…”
State v. Wolleat, 111 P.3d 1131 (Or. 2005). “To establish that defendant had committed first-degree kidnapping, as alleged in the indictment, the state had to prove that defendant (1) took the victim from one place to another; (2) with the intent to interfere substantially with her personal liberty; (3) without consent or…”
State v. Levasseur, 483 P.3d 1167 (Or. Ct. App. 2021).
— Or. Rev. Stat. § 163.225(2) — 1 case
State v. Vasquez-Rubio, 897 P.2d 324 (Or. Ct. App. 1995).
— Or. Rev. Stat. § 163.225(3) — 3 cases
State v. Reinke, 309 P.3d 1059 (Or. 2013).
State v. Staniford, 548 P.3d 855 (Or. Ct. App. 2024).
State v. Sierra, 206 P.3d 1153 (Or. Ct. App. 2009).
— Or. Rev. Stat. § 163.225(a) — 1 case
State v. Montgomery, 624 P.2d 151 (Or. Ct. App. 1981).
— Or. Rev. Stat. § 163.225(l)(a) — 25 cases
State v. Walch, 213 P.3d 1201 (Or. 2009). “235(1), provides: "A person commits the crime of kidnapping in the first degree if the person violates ORS 163.225 with any of the following purposes: "(a) To compel any person to pay or deliver money or property as ransom; "(b) To hold the victim as a shield or hostage; "(c) To…”
State v. Sierra, 254 P.3d 149 (Or. 2010). “This is a criminal case in which defendant challenges the sufficiency of the evidence to support his two convictions for the offense of kidnapping in the second degree, ORS 163.225, and his single conviction for the offense of kidnapping in the first degree, ORS 163.”
State v. Washington, 337 P.3d 859 (Or. Ct. App. 2014).
State v. Murray, 136 P.3d 10 (Or. 2006). “*11 GILLETTE, J. This is a criminal case in which defendant challenges the sufficiency of the evidence to support his conviction for the offense of kidnapping in the second degree (ORS 163.”
State v. Steele, 577 P.2d 524 (Or. Ct. App. 1978).
— Or. Rev. Stat. § 163.225(l)(b) — 6 cases
State v. Parkins, 211 P.3d 262 (Or. 2009). “235(1) defines that crime: "A person commits the crime of kidnapping in the first degree if the person violates ORS 163.225 with any of the following purposes: "(a) To compel any person to pay or deliver money or property as ransom; "(b) To hold the victim as a shield or…”
State v. Vaughan-France, 379 P.3d 766 (Lane Cty. Cir. Ct., O.R. 2016).
State v. Simmons, 250 P.3d 431 (Or. Ct. App. 2011).
State v. Kawamoto, 359 P.3d 305 (Or. Ct. App. 2015).
State v. Montgomery, 624 P.2d 151 (Or. Ct. App. 1981).
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