Kidnapping in New Jersey

N.J.S.A. 2C:13-1 · Assault, Homicide & Violent Offenses

What the law says

The statute prohibits unlawfully removing or confining another person for specified purposes, including ransom, reward, hostage-taking, facilitating a crime, harming or terrorizing someone, interfering with governmental or political functions, or permanently depriving a lawful custodian of custody. It also sets out circumstances that make kidnapping a first- or second-degree crime and provides sentencing rules and affirmative defenses.

This is an indictable crime. It's prosecuted in the Superior Court, Criminal Part, in the county where it allegedly happened, usually after grand jury review. First-time defendants may be eligible for Pretrial Intervention (PTI).

What the State must prove

To convict, the prosecutor must prove each element beyond a reasonable doubt. Under N.J.S.A. 2C:13-1, that means:

• The actor unlawfully removes another person from where that person is found, or unlawfully confines that person, with the purpose of holding the person for ransom or reward or as a shield or hostage.
• The actor unlawfully removes another person from the person’s residence or business, a substantial distance from the vicinity where the person is found, or unlawfully confines the person for a substantial period.
• For the removal or confinement described in subsection b., the actor acts to facilitate commission of any crime or flight thereafter; to inflict bodily injury on or terrorize the victim or another; to interfere with performance of any governmental or political function; or to permanently deprive a parent, guardian, or other lawful custodian of custody of the victim.
• The removal or confinement is accomplished by force, threat, or deception, or, if the person is under 14 or incompetent, without consent of a parent, guardian, or other person responsible for general supervision of the person’s welfare.

How the charge is graded

• Except as provided in paragraph (2) of subsection c., kidnapping is a crime of the first degree.
• If the actor releases the victim unharmed and in a safe place prior to apprehension, it is a crime of the second degree.
• If the victim is less than 16 years of age and, during the kidnapping, a crime under N.J.S.2C:14-2 or subsection a. of N.J.S.2C:14-3 is committed against the victim; a crime under subsection b. of N.J.S.2C:24-4 is committed against the victim; or the actor sells or delivers the victim to another person for pecuniary gain other than in circumstances which lead to the victim’s return to a parent, guardian, or other person responsible for the victim’s general supervision, kidnapping is a crime of the first degree.

Penalties in the statute

• For a first-degree kidnapping under paragraph (1) of subsection c., a person may, notwithstanding the provisions of paragraph (1) of subsection a. of N.J.S.2C:43-6, be sentenced to an ordinary term of imprisonment between 15 and 30 years.
• For a kidnapping under paragraph (2) of subsection c., the actor shall be sentenced to either a term of 25 years during which the actor shall not be eligible for parole, or a specific term between 25 years and life imprisonment, of which the actor shall serve 25 years before being eligible for parole.
• If the actor is convicted of the criminal homicide of a victim of a kidnapping under the provisions of chapter 11, any sentence imposed under paragraph (2) of subsection c. shall be served consecutively to any sentence imposed pursuant to the provisions of chapter 11.

General sentencing ranges

Unless a statute sets a different penalty, New Jersey's general sentencing laws (N.J.S.A. 2C:43-6, 2C:43-8, and 2C:43-3) set these maximums:

Other rules that can matter

• An affirmative defense to prosecution under paragraph (4) of subsection b. must be proved by clear and convincing evidence.
• For that affirmative defense, the actor must reasonably believe the action was necessary to preserve the victim from imminent danger to the victim’s welfare. No defense is available under this provision if, as soon as reasonably practicable but no more than 24 hours after taking the victim under the actor’s protection, the actor does not give notice of the victim’s location to the police department of the municipality where the victim resided, the office of the county prosecutor in the county where the victim resided, or the Division of Child Protection and Permanency in the Department of Children and Families.
• An affirmative defense to prosecution under paragraph (4) of subsection b. is that the actor reasonably believed the taking or detaining of the victim was consented to by a parent or an authorized State agency.
• An affirmative defense to prosecution under paragraph (4) of subsection b. is that the victim, being not less than 14 years old at the time of the taking or concealment, was taken away at the victim’s own volition by the victim’s parent and without purpose to commit a criminal offense with or against the victim.
• An affirmative defense to prosecution under paragraph (4) of subsection b. is that a parent having the right of custody reasonably believed the parent was fleeing from imminent physical danger from the other parent, provided that, as soon as reasonably practicable, the parent gives notice of the victim’s location to the police department of the municipality where the victim resided, the office of the county prosecutor in the county where the victim resided, or the Division of Child Protection and Permanency in the Department of Children and Families, or commences an action affecting custody in an appropriate court.
• As used in subsections e. and f., “parent” means a parent, guardian, or other lawful custodian of a victim.
• The kidnapping offense under paragraph (2) of subsection c. and the underlying aggravating crimes listed in subparagraph (a), (b), or (c) of that paragraph merge for purposes of sentencing.

Common defense strategies

Every case turns on its facts, but defenses we often explore include:

• Self-defense or defense of others under N.J.S.A. 2C:3-4 and 2C:3-5, when the force used was reasonable
• Challenging the level of injury the State alleges, which often decides whether a charge is simple or aggravated
• Witness credibility, inconsistent statements, and video that contradicts the complaint
• Lack of the required mental state (purposely, knowingly, or recklessly)
• Suppression of statements taken in violation of Miranda

What to do right now

1. Don't discuss the facts with police, the alleged victim, or anyone on a jail phone or social media.
2. Write down everything you remember, including names, times, and locations.
3. Keep every document you received, such as the complaint, summons, and release conditions.
4. Follow all release and no-contact conditions exactly.
5. Call a New Jersey criminal defense lawyer before your first court date.

How we help

Edward G. Appel has defended New Jersey clients since 1988 in municipal and Superior Courts in all 21 counties. We review the discovery, look for weaknesses in the State's case, file motions where they're warranted, and push for dismissals, downgrades, or diversion before you face a trial. Call 856-856-2373 for a free, confidential consultation about your Kidnapping charge.

Related charges

• Murder →
• Manslaughter →
• Vehicular Homicide (Death by Auto) →
• Strict Liability Vehicular Homicide →
• Simple Assault →
• Aggravated Assault →
• Assault by Auto →
• Terroristic Threats →

Disclaimer: This page is general information about New Jersey law, not legal advice, and doesn't create an attorney-client relationship. Prior results don't guarantee a similar outcome.