Section 11.41.300. Kidnapping.

   (a) A person commits the crime of kidnapping if
        (1) the person restrains another with intent to
             (A) hold the restrained person for ransom, reward, or other payment;
             (B) use the restrained person as a shield or hostage;
             (C) inflict physical injury upon or sexually assault the restrained person or place the restrained person or a third person in apprehension that any person will be subjected to serious physical injury or sexual assault;
             (D) interfere with the performance of a governmental or political function;
             (E) facilitate the commission of a felony or flight after commission of a felony;
             (F) commit an offense in violation of AS 11.41.434 - 11.41.438 upon the restrained person or place the restrained person or a third person in apprehension that a person will be subject to an offense in violation of AS 11.41.434 - 11.41.438; or
        (2) the person restrains another
             (A) by secreting and holding the restrained person in a place where the restrained person is not likely to be found; or
             (B) under circumstances which expose the restrained person to a substantial risk of serious physical injury.
   (b) In a prosecution under (a)(2)(A) of this section, it is an affirmative defense that
        (1) the defendant was a relative of the victim;
        (2) the victim was a child under 18 years of age or an incompetent person; and
        (3) the primary intent of the defendant was to assume custody of the victim.
   (c) Except as provided in (d) of this section, kidnapping is an unclassified felony and is punishable as provided in AS 12.55.
   (d) In a prosecution for kidnapping, it is an affirmative defense which reduces the crime to a class A felony that the defendant voluntarily caused the release of the victim alive in a safe place before arrest, or within 24 hours after arrest, without having caused serious physical injury to the victim and without having engaged in conduct described in AS 11.41.410(a), 11.41.420, 11.41.434, or 11.41.436.

Authorities

11.41.370;12.37.010;12.61.140;12.63.100

Notes

Implemented As

22 AAC 20.025
22 AAC 20.030
22 AAC 20.035

References

22 AAC 20.025
22 AAC 20.030
22 AAC 20.035
AS 11.41.370 Definitions.
AS 12.37.010 Authorization to intercept communications.
AS 12.61.140 Disclosure of victim's name.
AS 12.63.100 Definitions.

History

(Sec. 3 ch 166 SLA 1978; am Sec. 7 ch 102 SLA 1980; am Sec. 6 ch 4 SLA 1990; am Sec. 3, 4 ch 99 SLA 1998)