Kidnapping Lawyer Missouri

What Is Kidnapping in Missouri?

Like most criminal offenses in Missouri, kidnapping is charged in multiple degrees. The more violent the accusation, the more serious the charge and, subsequently, the more serious the possible sentences. Here are the kidnapping charges Missouri has on the books:

• First-degree kidnapping
• Second-degree kidnapping
• Third-degree kidnapping
• Child kidnapping
• Parental kidnapping

The charge you face depends on your intent, your relationship (or lack thereof) with the alleged victim, where the alleged victim was taken, whether or not an injury risk was involved, and several more mitigating factors.

First-Degree Kidnapping

First-degree kidnapping is the most serious kidnapping charge under Missouri law. According to RSMo §565.110, kidnapping in the first degree occurs when someone unlawfully removes another person from somewhere without their consent.

A person can also be charged with first-degree kidnapping if they confine another person without their consent for a substantial period for the purpose of:

• Holding the victim for ransom (or any other act to be performed or not performed for the return or release of the victim)
• Using the victim as a shield or a hostage
• Interfering with the performance of a governmental or political function
• Facilitating the commission of a felony (or flight from a felony)
• Inflicting injury on or terrorizing the victim or another person

For instance, imagine a man forces a woman into his car at gunpoint, drives her to an ATM, and threatens her until she withdraws money for him. Because he unlawfully removed the woman without her consent to obtain money, the man may be charged with first-degree kidnapping under Missouri law.

Second-Degree Kidnapping

Under RSMo §565.120, second-degree kidnapping happens when someone knowingly restrains another person unlawfully and without their consent in a way that interferes substantially with the victim’s liberty and exposes them to a substantial risk of serious physical injury.

For instance, imagine two men arguing and, during the course of the argument, one man locks the door to the room and threatens to hurt the other man if he tries to leave. Because the man knowingly restrained another without his consent and exposed them to substantial risk of serious physical injury, he could be charged with second-degree kidnapping under Missouri law.

Third-Degree Kidnapping

Under RSMo §565.130, third-degree kidnapping happens when someone knowingly restrains another person unlawfully and without their consent in such a way that interferes substantially with their liberty.

For example, imagine that, during a heated argument, a man grabs someone's phone and blocks the doorway so they cannot leave an apartment for several minutes. Because he knowingly restrained the person without consent and interfered with their liberty, he could be charged with third-degree kidnapping under Missouri law.

Child Kidnapping

According to RSMo §565.115, child kidnapping occurs when someone who is not a relative of the child (within the third degree) who, knowing they do not have the right to do so, removes a child under the age of fourteen without the consent of the child’s parents or guardian.

Child kidnapping also applies when an individual who fits these parameters confines a child for a substantial period of time without consent of the child’s parent or guardian.

For example, imagine a neighbor offers to take a ten-year-old child to a nearby park but instead drives the child to another town and keeps them there without telling the child’s parents. Because they removed a child under the age of fourteen without the consent of a parent or legal guardian and didn’t have the right to do so, they can be charged with child kidnapping under Missouri law.

Parental Kidnapping

Under RSMo §565.153, parental kidnapping occurs when a person who has legal custody of a child takes or entices the child away without good cause with the intent of depriving the custody rights of another person or a public agency who also has legal custody of the child.

For example, imagine that, after a custody dispute, a father who does not have primary custody takes his child during a scheduled visit and then refuses to return the child to the other parent. He then hides the child’s location for several months to prevent the other parent from exercising their custody rights.

Because he intentionally concealed the child in such a way that deprived the rights of another legal custody holder, he could be charged with parental kidnapping under Missouri law.

What Is the Difference Between Kidnapping and Child Abduction in Missouri?

The terms “kidnapping” and “abduction” are often used interchangeably in regular conversation, but under Missouri law, there are actually important distinctions between the two, especially when it comes to children.

According to RSMo §565.156, you can be charged with child abduction in the following instances:

• If you take a child after you’ve been served in a marriage or paternity case and a legal custody order does not yet exist
• If you keep a child out of state after your out-of-state visitation period ends
• If you hide, keep, or remove a child for money on instructions from someone else without custody rights
• If you keep a child taken from another state in Missouri for 30 days without consent or against a custody order
• If you have custody rights but violate a court order by taking, keeping, or hiding the child to deprive the other parent’s custody rights without following the written consent relocation rules

Most instances of child abduction charges occur in the heat of a custody battle between two parents. In addition to prison time from a child abduction charge, the guilty party may also have to repay any costs the other parent expended in their search for the child.

What Are the Penalties for Kidnapping in Missouri?

In most cases, kidnapping in Missouri results in a felony charge. Felony offenses come with prison sentences attached and should always be handled with the help of an experienced lawyer.

First-Degree Kidnapping Penalties in Missouri

Under Missouri law, first-degree kidnapping is charged as a Class A felony (10 to 30 years or life in prison) when:

• The victim is held for ransom (or any act to be performed or not performed upon the return or release of the victim)
• The victim is used as a shield or hostage
• The victim is taken for the purpose of interfering with the performance of a government or political function

First-degree kidnapping is charged as a Class B felony (5 to 15 years in prison) when:

• Facilitating the commission of any felony or fleeing from a felony (e.g., locking a homeowner in a basement during a burglary to stop them from calling the police)
• Inflicting physical injury on or terrorizing the victim or another person (e.g., forcing another person into a car and threatening them while driving)

Second-Degree Kidnapping Penalties in Missouri

In Missouri, second-degree kidnapping is always charged as a Class D felony, a charge that carries a penalty of up to 7 years in prison.

Third-Degree Kidnapping Penalties in Missouri

Under Missouri law, third-degree kidnapping is typically charged as a Class A misdemeanor, a charge that carries a penalty of up to 1 year in jail and a fine up to $2,000. However, if the kidnapping victim is removed from Missouri, the perpetrator can be charged with a Class E felony and spend up to 4 years in prison.

Parental Kidnapping Penalties in Missouri

Parental kidnapping is usually a Class E felony in Missouri, unless the perpetrator conceals the whereabouts of the child for an extended period of time:

• The charge becomes a Class D felony if the child’s whereabouts are concealed for 60 to 119 days
• The charge becomes a Class B felony if the child’s whereabouts are concealed for 120 days or more

Child Kidnapping Penalties in Missouri

Because it involves the forced removal of a minor to whom the perpetrator is not related, child kidnapping is always charged as a Class A felony in Missouri, the most serious charge possible. A conviction can lead to decades and even life in prison.

Common Defenses Against Kidnapping Charges in Missouri

Though kidnapping charges are always very serious in Missouri, a good criminal defense lawyer will know how to fight them. Some of the most common defenses to use against a kidnapping charge in Missouri are:

• Lack of Intent
  • Many kidnapping statutes require the defendant to knowingly or intentionally restrain, remove, or confine another person. If the prosecution cannot prove the defendant intended to interfere with the victim’s liberty or commit one of the purposes listed in the statute, the kidnapping charge may not hold.
• Consent
  • If the alleged victim agreed to go with the defendant voluntarily, the essential element of “without consent” may be missing. This can destroy a prosecutor’s kidnapping case.
• Alibi
  • A defendant may present evidence showing they were not present at the time or location of the alleged kidnapping.
• Coercion / Durress
  • A defendant may argue they were forced to participate in the kidnapping because of an immediate threat of harm (e.g.,someone assists in restraining a victim only because another person threatens them with violence).
• Defense of Others / Necessity
  • A person may restrain or move someone to prevent greater harm (e.g., removing a child from a dangerous environment to protect them from abuse).
• Fourth Amendment
  • If law enforcement obtained evidence through illegal searches or seizures, a defense attorney may move to suppress that evidence to reduce or dismiss any kidnapping charges.
• Lawful Custody or Parental Rights
  • In cases involving children, a defendant may argue they had legal custody or a lawful right to the child. This defense often arises in parental kidnapping or child abduction cases, where custody arrangements are unclear or disputed.
• No “Substantial Interference” With Liberty
  • For second and third-degree kidnapping charges, prosecutors must prove the victim’s liberty was substantially interfered with. If the restraint was brief, incidental, or minimal, it may not meet the legal threshold for kidnapping.

What to Do If You’re Accused of Kidnapping in Missouri

Facing a kidnapping charge in Missouri can be downright scary. The allegations are serious, and the consequences can be permanently life-altering. There are, however, many things you can do right away to help your defense against any kidnapping charges you may be facing:

• Invoke Your Right to Remain Silent. Under the Fifth Amendment, you are not required to answer questions from police. Anything you say can be used against you in court, so it is usually best to politely decline to speak until you have an attorney present.
• Contact an Experienced Criminal Defense Lawyer Immediately. Kidnapping charges are serious felonies that can carry long prison sentences. An experienced Missouri criminal defense attorney can help protect your rights, evaluate the evidence, and begin building a defense strategy as early as possible.
• Do Not Attempt to Contact the Alleged Victim. Reaching out to the alleged victim, even to explain your side of the story, can make the situation worse. Prosecutors may interpret contact as intimidation, harassment, or witness tampering.
• Document Your Version of Events. Write down everything you remember about the incident as soon as possible. Include dates and times, locations, people who were present, and any communications or agreements that may be relevant. These details may help your attorney reconstruct the timeline and identify witnesses.
• Preserve Any Evidence. Save anything that might support your defense, like text messages, emails, social media messages, photos or videos, GPS data or phone location records. Do not delete anything, as it could be important evidence later.
• Avoid Discussing the Case With Anyone Except Your Attorney. Do not discuss the allegations with friends, family members, coworkers, or on social media. Statements made to others may be used as evidence in court.