§ 76-5-301. Kidnapping.

(1) An actor commits kidnapping if the actor intentionally or knowingly, without authority of law, and against the will of the victim:

(a) detains or restrains the victim for any substantial period of time;

(b) detains or restrains the victim in circumstances exposing the victim to risk of bodily injury;

(c) holds the victim in involuntary servitude;

(d) detains or restrains a minor without the consent of the minor's parent or legal guardian or the consent of a person acting in loco parentis, if the minor is 14 years of age or older but younger than 18 years of age; or

(e) moves the victim any substantial distance or across a state line.

(2) As used in this section, acting "against the will of the victim" includes acting without the consent of the legal guardian or custodian of a victim who is a mentally incompetent person.

(3) Kidnapping is a second degree felony.

Amended by Chapter 301, 2001 General Session