Ohio § 2905.01

§ 2905.01.

(A) No person, by force, threat, or deception, or, in the case of a victim under the

age of thirteen or mentally incompetent, by any means, shall remove another from the

place where the other person is found or restrain the liberty of the other person,

for any of the following purposes: (1) To hold for ransom, or as a shield or hostage; (2) To facilitate the commission of any felony or flight thereafter; (3) To terrorize, or to inflict serious physical harm on the victim or another; (4) To engage in sexual activity, as defined in section 2907.01 of the Revised Code , with the victim against the victim's will; (5) To hinder, impede, or obstruct a function of government, or to force any action or

concession on the part of governmental authority; (6) To hold in a condition of involuntary servitude. (B) No person, by force, threat, or deception, or, in the case of a victim under the

age of thirteen or mentally incompetent, by any means, shall knowingly do any of the

following, under circumstances that create a substantial risk of serious physical

harm to the victim or, in the case of a minor victim, under circumstances that either

create a substantial risk of serious physical harm to the victim or cause physical

harm to the victim: (1) Remove another from the place where the other person is found; (2) Restrain another of the other person's liberty. (C)(1) Whoever violates this section is guilty of kidnapping.  Except as otherwise provided in this division or division (C)(2) or (3) of this

section, kidnapping is a felony of the first degree.  Except as otherwise provided in this division or division (C)(2) or (3) of this

section, if an offender who violates division (A)(1) to (5), (B)(1), or (B)(2) of

this section releases the victim in a safe place unharmed, kidnapping is a felony

of the second degree. (2) If the offender in any case also is convicted of or pleads guilty to a specification

as described in section 2941.1422 of the Revised Code that was included in the indictment, count in the indictment, or information charging

the offense, the court shall order the offender to make restitution as provided in division (B)(8) of section 2929.18 of the Revised Code and, except as otherwise provided in division (C)(3) of this section, shall sentence

the offender to a mandatory prison term as provided in division (B)(7) of section 2929.14 of the Revised Code . (3) If the victim of the offense is less than thirteen years of age and if the offender

also is convicted of or pleads guilty to a sexual motivation specification that was

included in the indictment, count in the indictment, or information charging the offense,

kidnapping is a felony of the first degree, and, notwithstanding the definite or indefinite

sentence provided for a felony of the first degree in section 2929.14 of the Revised Code , the offender shall be sentenced pursuant to section 2971.03 of the Revised Code as follows: (a) Except as otherwise provided in division (C)(3)(b) of this section, the offender

shall be sentenced pursuant to that section to an indefinite prison term consisting

of a minimum term of fifteen years and a maximum term of life imprisonment. (b) If the offender releases the victim in a safe place unharmed, the offender shall

be sentenced pursuant to that section to an indefinite term consisting of a minimum

term of ten years and a maximum term of life imprisonment. (D) As used in this section: (1) “Involuntary servitude” has the same meaning as in section 2905.31 of the Revised Code . (2) “Sexual motivation specification” has the same meaning as in section 2971.01 of the Revised Code .