The Vermont Statutes Online

Title 13: Crimes and Criminal Procedure

Chapter 055: Kidnapping

• §§ 2401-2403. Repealed. 1989, No. 293 (Adj. Sess.), § 8.

• § 2404. Definitions

  As used in this chapter:

  (1) “Lawful custodian” means a parent, guardian, or other person responsible by authority of law for the care, custody, or control of another.

  (2) “Relative” means a parent, stepparent, ancestor, descendant, sibling, uncle, or aunt, including a relative of the same degree through civil marriage or adoption.

  (3) “Restrain” means to restrict substantially the movement of another person without the person’s consent or other lawful authority by:

  (A) removing the restrained person from the person’s residence or place of business, or from a hospital or school; or

  (B) moving the restrained person a substantial distance from the place where the restriction on the person’s movement commenced; or

  (C) confining the restrained person for a substantial period either in the place where the restriction commences or in a place to which the person has been moved.

  (4) A restraint is “without consent” if it is accomplished:

  (A) by acquiescence of the restrained person, if the restrained person is under 16 years of age and the restrained person’s lawful custodian has not acquiesced in the movement or confinement; or

  (B) by force, threat, or deception. (Added 1989, No. 293 (Adj. Sess.), § 3; amended 2009, No. 3, § 12a.)

• § 2405. Kidnapping

  (a) A person commits the crime of kidnapping if the person:

  (1) knowingly restrains another person with the intent to:

  (A) hold the restrained person for ransom or reward; or

  (B) use the restrained person as a shield or hostage; or

  (C) inflict bodily injury upon the restrained person or place the restrained person or a third person in fear that any person will be subjected to bodily injury; or

  (D) sexually assault the restrained person or place the restrained person or a third person in fear that any person will be sexually assaulted; or

  (E) facilitate the commission of another crime or flight thereafter; or

  (2) not being a relative of a person under the age of 16, knowingly restrains that person, without the consent of the person’s custodian, with the intent to keep the person from his or her lawful custodian for a substantial period.

  (b) Kidnapping is punishable by a maximum sentence of life imprisonment or a fine of not more than $50,000.00, or both. It is, however, an affirmative defense which reduces the penalty to imprisonment for not more than 30 years or a fine of not more than $50,000.00, or both, that the defendant voluntarily caused the release of the victim alive in a safe place before arraignment without having caused serious bodily injury to the victim. (Added 1989, No. 293 (Adj. Sess.), § 3.)

• § 2406. Unlawful restraint in the second degree

  (a) A person commits the crime of unlawful restraint in the second degree if the person:

  (1) not being a relative of a person under the age of 18, knowingly takes, entices, or harbors that person, without the consent of the person’s custodian, knowing that he or she has no right to do so; or

  (2) knowingly takes or entices from lawful custody or harbors any person who is mentally incompetent, or other person entrusted by authority of law to the custody of another person or an institution, without the consent of the person or institution, knowing that he or she has no right to do so; or

  (3) knowingly restrains another person.

  (b) It is a defense to a prosecution under this section that the defendant acted reasonably and in good faith to protect the person from imminent physical or emotional danger.

  (c) Unlawful restraint in the second degree is punishable by imprisonment for not more than five years or a fine of not more than $25,000.00, or both. (Added 1989, No. 293 (Adj. Sess.), § 3; amended 2001, No. 41, § 4; 2013, No. 96 (Adj. Sess.), § 56.)

• § 2407. Unlawful restraint in the first degree

  (a) A person commits the crime of unlawful restraint in the first degree if that person:

  (1) knowingly restrains another person under circumstances exposing that person to a risk of serious bodily injury; or

  (2) holds another person in a condition of involuntary servitude.

  (b) Unlawful restraint in the first degree is punishable by imprisonment for not more than 15 years or a fine of not more than $50,000.00, or both. (Added 1989, No. 293 (Adj. Sess.), § 3.)