North Carolina § 14-39 - Kidnapping.

§ 14-39. Kidnapping.

Any person who shall unlawfully confine, restrain, or remove from one place to another, any other person 16 years of age or over without the consent of such person, or any other person under the age of 16 years without the consent of a parent or legal custodian of such person, shall be guilty of kidnapping if such confinement, restraint or removal is for the purpose of: Holding such other person for a ransom or as a hostage or using such other person as a shield; or Facilitating the commission of any felony or facilitating flight of any person following the commission of a felony; or Doing serious bodily harm to or terrorizing the person so confined, restrained or removed or any other person; or Holding such other person in involuntary servitude in violation of G.S. 14-43.12. Trafficking another person with the intent that the other person be held in involuntary servitude or sexual servitude in violation of G.S. 14-43.11. Subjecting or maintaining such other person for sexual servitude in violation of G.S. 14-43.13. There shall be two degrees of kidnapping as defined by subsection (a). If the person kidnapped either was not released by the defendant in a safe place or had been seriously injured or sexually assaulted, the offense is kidnapping in the first degree and is punishable as a Class C felony. If the person kidnapped was released in a safe place by the defendant and had not been seriously injured or sexually assaulted, the offense is kidnapping in the second degree and is punishable as a Class E felony. Any firm or corporation convicted of kidnapping shall be punished by a fine of not less than five thousand dollars ($5,000) nor more than one hundred thousand dollars ($100,000), and its charter and right to do business in the State of North Carolina shall be forfeited. History (1933, c. 542; 1975, c. 843, s. 1; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1; c. 179, s. 14; 1983, c. 746, s. 2; 1993, c. 539, s. 1143; 1994, Ex. Sess., c. 24, s. 14(c); 1995, c. 509, s. 8; 2006-247, s. 20(c).) Cross References. - For structured sentencing provisions, see G.S. 15A-1340.10 et seq. Editor's Note. - Session Laws 2006-247, s. 1(a), provides: "That this shall be known as 'An Act To Protect North Carolina's Children/Sex Offender Law Changes.'" Session Laws 2006-247, s. 21, is a severability clause. Session Laws 2006-247, s. 22, provides, in part: "Prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions." Effect of Amendments. - Session Laws 2006-247, s. 20(c), effective December 1, 2006, and applicable to offenses committed on or after that date, substituted "14-43.12" for "14-43.2" at the end of subdivision (a)(4) and added subdivisions (a)(5) and (a)(6). Legal Periodicals. - For case law survey on kidnapping, see 41 N.C.L. Rev. 445 (1963). For a note analyzing the recent amendment codifying the definition of kidnapping, see 12 Wake Forest L. Rev. 434 (1976). For a survey of 1977 criminal law, see 56 N.C.L. Rev. 965 (1978). For survey of 1978 constitutional law, see 57 N.C.L. Rev. 958 (1979). For survey of 1979 criminal law, see 58 N.C.L. Rev. 1350 (1980). For article, "The Least of These: A Constitutional Challenge to North Carolina's Sexual Offender Laws and N.C. Gen. Stat. § 14-208.18," see 33 N.C. Cent. L. Rev. 53 (2010).