Kidnapping

Under MCA § 45-5-302(1), the crime of “kidnapping” involves an allegation that a person knowingly or purposely and without lawful authority restrains another person by:

  • secreting or holding him/her in a place of isolation; or
  • using or threatening to use physical force.

The standard jury instruction for kidnapping in Montana can be found at MCJI 5-119.

The elements of “stalking” require proof beyond a reasonable doubt of the following:

  1. That the Defendant restrained the alleged victim by either:
    • secreting him/her in a place of isolation;
    • using or threatening to use physical force; and
  2. That in doing so the Defendant acted without lawful authority; and
  3. That the Defendant acted knowingly or purposely.

Aggravated Kidnapping

Under MCA § 45-5-303(1), the crime of “aggravated kidnapping’ involves an allegation that a person knowingly or purposely and without lawful authority restrains another person by doing one of the following:

  • secreting or holding the person in a place of isolation;
  • using or threatening to use physical force with the purpose;
  • to hold for ransom or reward; to hold as a shield or hostage;
  • to facilitate the commission of any felony or flight thereafter;
  • to either inflict bodily injury or terrorize the alleged victim or another;
  • to interfere with the performance of any governmental or political function; or
  • to hold another in a condition of involuntary servitude.

The standard jury instruction for “aggravated kidnapping” in Montana can be found at MCJI 5-120.

In State v. Meyer, 328 Mont. 247, 119 P.3d 1214 (2005), the court provided information explaining when the trial court should include an instruction for the crime of "Unlawful Restraint" as a lesser offense of Aggravated Kidnapping. The failure to include the instruction on unlawful restraint as a lesser included offense could be reversible error in certain situations.

Under Montana law, the crimes of “domestic abuse” and “sexual intercourse without consent” are not considered lesser included offenses of Aggravated Kidnapping although the offenses can be charged separately. See State v. Clawson, 239 Mont. 413, 781 P.2d 267 (1989) and State v. Brady, 249 Mont. 290, 816 P.2d 413 (1991).

The elements of aggravated kidnapping include proof beyond all reasonable doubt of the following:

  1. That the Defendant restrained the alleged victim secreting or holding him/her in a place of isolation or using or threatening to use physical force; and
  2. That the Defendant restrained the alleged victim with the purpose to do one of the following:
    • hold for ransom or reward; hold as a shield or hostage;
    • facilitate the commission of any felony;
    • facilitate the flight after the commission of any felony;
    • inflict bodily injury on the alleged victim or another;
    • terrorize the alleged victim or another; interfere with the performance of any governmental or political function; or
    • hold another in a condition of involuntary servitude;
  3. That in so doing the Defendant acted without lawful authority; and
  4. That the Defendant acted knowingly or purposely.

The standard jury instructions for aggravated kidnapping can be found at MCJI 5-120(a).

Penalties for Aggravated Kidnapping

The penalties for aggravated kidnapping includes death or life imprisonment or  as provided in 46-18-301 through 46-18-310 or be imprisoned in the state prison for a term of not less than 2 years or more than 100 years and may be fined not more than $50,000, unless the person has voluntarily released the victim alive, in a safe place, and with no serious bodily injury, in which event the person shall be imprisoned in the state prison for a term of not less than 2 years or more than 10 years and may be fined not more than $50,000.


Additional Resources

Montana Code Annotated 45-5-303 for Aggravated kidnapping - Visit the website of the Montana Legislature to find the complete statutory language for Section 45-5-303 which prohibits unlawfully restraining another person.


Finding an Attorney for Kidnapping in Helena, MT

If you were charged with kidnapping or aggravated kidnapping in Montana, then contact an experienced criminal defense attorney in Helena. Greg Beebe has offices in Helena, Montana, in Lewis and Clark County. He also represents clients in Boulder in Jefferson County and the surrounding areas. Related charges can include domestic violence and custodial interference.


This article was last updated on Friday, September 16, 2016.

Location:

Beebe Law Firm - Criminal Defense & DUI
1085 Helena Ave. Helena, MT 59601