Arizona criminal charge
Kidnapping in Arizona
Kidnapping is a criminal offense under Arizona law, defined by A.R.S. § 13-1304. Its classification is not fixed: Arizona assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by A.R.S. § 13-1304.
What is the penalty for kidnapping in Arizona?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 4 years to 10 years (Kidnapping (base offense) — Kidnapping is a class 2 felony unless the victim is voluntarily released without physical injury in a safe place before arrest and before accomplishing any further enumerated offense, or unless the victim is released pursuant to an agreement with the state without physical injury.; presumptive 5 years; mitigated 3 / aggravated 12.5 years available only on at least two mitigating/aggravating circumstances (13-701, 13-702(B)-(D)); repetitive (13-703) or dangerous (13-704) offenses use different ranges) | presumptive | A.R.S. § 13-702 |
| Fine | up to $150,000 (Kidnapping (base offense) — Kidnapping is a class 2 felony unless the victim is voluntarily released without physical injury in a safe place before arrest and before accomplishing any further enumerated offense, or unless the victim is released pursuant to an agreement with the state without physical injury.; fine cap for an individual (13-801); drug and other offenses may set higher statute-specific amounts) | discretionary | A.R.S. § 13-702 |
| Jail / prison | 18 months to 36 months (Kidnapping — voluntary safe release before arrest — The classification is reduced to a class 4 felony if the victim is released voluntarily by the defendant without physical injury in a safe place before arrest and before accomplishing any of the further enumerated offenses in subsection A.; presumptive 2.5 years; mitigated 1 year / aggravated 3.75 years on required findings (13-701, 13-702(B)-(D)); repetitive (13-703) or dangerous (13-704) offenses use different ranges) | presumptive | A.R.S. § 13-702 |
| Fine | up to $150,000 (Kidnapping — voluntary safe release before arrest — The classification is reduced to a class 4 felony if the victim is released voluntarily by the defendant without physical injury in a safe place before arrest and before accomplishing any of the further enumerated offenses in subsection A.; fine cap for an individual (13-801); statute-specific amounts may exceed) | discretionary | A.R.S. § 13-702 |
| Jail / prison | 2.5 years to 7 years (Kidnapping — release pursuant to agreement with the state — The classification is a class 3 felony if the victim is released pursuant to an agreement with the state and without any physical injury.; presumptive 3.5 years; mitigated 2 / aggravated 8.75 years on required findings (13-701, 13-702(B)-(D)); repetitive (13-703) or dangerous (13-704) offenses use different ranges) | presumptive | A.R.S. § 13-702 |
| Fine | up to $150,000 (Kidnapping — release pursuant to agreement with the state — The classification is a class 3 felony if the victim is released pursuant to an agreement with the state and without any physical injury.; fine cap for an individual (13-801); statute-specific amounts may exceed) | discretionary | A.R.S. § 13-702 |
| Jail / prison | 4 years to 10 years (Kidnapping of a victim under fifteen years of age — If the victim is under fifteen years of age, kidnapping is a class 2 felony punishable pursuant to section 13-705, with the sentence to run consecutively to any other sentence or undischarged term of imprisonment.; presumptive 5 years; mitigated 3 / aggravated 12.5 years available only on at least two mitigating/aggravating circumstances (13-701, 13-702(B)-(D)); repetitive (13-703) or dangerous (13-704) offenses use different ranges) | presumptive | A.R.S. § 13-702 |
| Fine | up to $150,000 (Kidnapping of a victim under fifteen years of age — If the victim is under fifteen years of age, kidnapping is a class 2 felony punishable pursuant to section 13-705, with the sentence to run consecutively to any other sentence or undischarged term of imprisonment.; fine cap for an individual (13-801); drug and other offenses may set higher statute-specific amounts) | discretionary | A.R.S. § 13-702 |
Applies to first felony offense, non-dangerous; presumptive term 5 years.
How is kidnapping classified in Arizona?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Kidnapping (base offense) | Class 2 Felony | Kidnapping is a class 2 felony unless the victim is voluntarily released without physical injury in a safe place before arrest and before accomplishing any further enumerated offense, or unless the victim is released pursuant to an agreement with the state without physical injury. | A.R.S. § 13-1304B |
| Kidnapping — voluntary safe release before arrest | Class 4 Felony | The classification is reduced to a class 4 felony if the victim is released voluntarily by the defendant without physical injury in a safe place before arrest and before accomplishing any of the further enumerated offenses in subsection A. | A.R.S. § 13-1304B |
| Kidnapping — release pursuant to agreement with the state | Class 3 Felony | The classification is a class 3 felony if the victim is released pursuant to an agreement with the state and without any physical injury. | A.R.S. § 13-1304B |
| Kidnapping of a victim under fifteen years of age | Class 2 Felony | If the victim is under fifteen years of age, kidnapping is a class 2 felony punishable pursuant to section 13-705, with the sentence to run consecutively to any other sentence or undischarged term of imprisonment. | A.R.S. § 13-1304B |
Common questions about kidnapping in Arizona
Is kidnapping a felony or a misdemeanor in Arizona?
It depends on the circumstances: kidnapping ranges from a Class 4 Felony to a Class 2 Felony in Arizona under A.R.S. § 13-1304.
Kidnapping (base offense): Class 2 Felony (A.R.S. § 13-1304B) · Kidnapping — voluntary safe release before arrest: Class 4 Felony (A.R.S. § 13-1304B) · Kidnapping — release pursuant to agreement with the state: Class 3 Felony (A.R.S. § 13-1304B) · Kidnapping of a victim under fifteen years of age: Class 2 Felony (A.R.S. § 13-1304B)
What are the penalties for kidnapping in Arizona?
Penalties for kidnapping in Arizona depend on how it is classified — from a Class 4 Felony up to a Class 2 Felony — with the ranges set by A.R.S. § 13-702; the full table of ranges by variant is published on this page.
Which Arizona statute covers kidnapping?
Kidnapping is governed by A.R.S. § 13-1304 (Kidnapping; classification; consecutive sentence).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.