Kidnapping & Unlawful Imprisonment Laws in Arizona
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Kidnapping & Unlawful Imprisonment Laws

13-1301.  Definitions
In this chapter, unless the context otherwise requires:

  1. "Relative" means a parent or stepparent, ancestor, descendant, sibling, uncle or aunt, including an adoptive relative of the same degree through marriage or adoption, or a spouse.
  2. "Restrain" means to restrict a person's movements without consent, without legal authority, and in a manner which interferes substantially with such person's liberty, by either moving such person from one place to another or by confining such person.  Restraint is without consent if it is accomplished by:
    1. Physical force, intimidation or deception; or
    2. Any means including acquiescence of the victim if the victim is a child less than eighteen years old or an incompetent person and the victim's lawful custodian has not acquiesced in the movement or confinement.

13-1303.  Unlawful imprisonment; classification

  1. A person commits unlawful imprisonment by knowingly restraining another person.
  2. In any prosecution for unlawful imprisonment, it is a defense that:
    1. The restraint was accomplished by a peace officer acting in good faith in the lawful performance of his duty; or
    2. The defendant is a relative of the person restrained and the defendant's sole intent is to assume lawful custody of that person and the restraint was accomplished without physical injury.
  3. Unlawful imprisonment is a class 6 felony unless the victim is released voluntarily by the defendant without physical injury in a safe place prior to arrest in which case it is a class 1 misdemeanor.

13-1304.  Kidnapping; classification; consecutive sentence

  1. A person commits kidnapping by knowingly restraining another person with the intent to:
    1. Hold the victim for ransom, as a shield or hostage; or
    2. Hold the victim for involuntary servitude; or
    3. Inflict death, physical injury or a sexual offense on the victim, or to otherwise aid in the commission of a felony; or
    4. Place the victim or a third person in reasonable apprehension of imminent physical injury to the victim or such third person.
    5. Interfere with the performance of a governmental or political function.
    6. Seize or exercise control over any airplane, train, bus, ship or other vehicle.
  2. Kidnapping is a class 2 felony unless the victim is released voluntarily by the defendant without physical injury in a safe place prior to arrest and prior to accomplishing any of the further enumerated offenses in subsection A of this section in which case it is a class 4 felony.  If the victim is released pursuant to an agreement with the state and without any physical injury, it is a class 3 felony.  If the victim is under fifteen years of age kidnapping is a class 2 felony punishable pursuant to section 13-604.01.  The sentence for kidnapping of a victim under fifteen years of age shall run consecutively to any other sentence imposed on the defendant and to any undischarged term of imprisonment of the defendant.

Disclaimer: These are the statutes as they read on October 30, 2008 on the Arizona State Legislature's website. Each year the Arizona State Legislature changes some of the criminal laws. Generally (but not always), the criminal law (statute) that is in place on the date of offense is the law that applies to the case. To find the most current version of the statute go to the Arizona State Legislature's website (

The Law Offices of John Rock, PC has successfully defended Kidnapping and unlawful imprisonment cases in the Phoenix, Arizona area.

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Laws in Arizona Kidnapping and Unlawful Imprisonment