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  • Writer's pictureBrandon Hicks

Understanding Kidnapping Laws in Indiana 35-42-3-2: A Guide by B. Hicks Law


Kidnapping is a serious criminal offense in the state of Indiana, and being accused of it can have life-altering consequences. If you or someone you know is facing kidnapping charges, it's crucial to understand the legal framework in Indiana and to seek the assistance of a qualified criminal defense attorney. In this blog post, we'll provide an overview of Indiana Code

, the state's kidnapping statute, and the different levels of felonies associated with this crime.


What is Kidnapping under Indiana Law?


Indiana Code 35-42-3-2 defines kidnapping as the knowing or intentional removal of another person from one place to another by fraud, enticement, force, or threat of force. The severity of the offense is determined by various factors, including the age of the victim, the use of a vehicle, bodily injury, the presence of a deadly weapon, and the circumstances of the kidnapping. The statute sets out different levels of felonies based on these factors.


Levels of Kidnapping Felonies in Indiana

  1. Level 6 Felony: Kidnapping is generally classified as a Level 6 felony under Indiana law.

  2. Level 5 Felony: Kidnapping becomes a Level 5 felony if:

    • The victim is less than 14 years old and is not the kidnapper's child.

    • The kidnapping involves the use of a vehicle.

    • The victim sustains bodily injury, apart from the kidnapper.


  1. Level 4 Felony: Kidnapping is elevated to a Level 4 felony if the victim experiences moderate bodily injury caused by the kidnapper.

  2. Level 3 Felony: Kidnapping becomes a Level 3 felony if it involves any of the following:

    • The kidnapper is armed with a deadly weapon.

    • The victim suffers serious bodily injury.

    • The kidnapping occurs on an aircraft.


  1. Level 2 Felony: Kidnapping is charged as a Level 2 felony in the following scenarios:

    • The kidnapping is committed with the intent to obtain ransom.

    • The kidnapper hijacks a vehicle.

    • The kidnapper intends to aid in the escape of any person from lawful incarceration.

    • The kidnapper intends to use the victim as a shield or hostage.


How B. Hicks Law Can Help


If you or someone you know is facing kidnapping charges in Indiana, it's crucial to seek legal representation immediately. B. Hicks Law is a trusted criminal defense law firm with a deep understanding of Indiana's kidnapping laws. Our experienced attorneys can help build a strong defense strategy tailored to the specific circumstances of your case.

We understand that each case is unique, and our dedicated team will work diligently to protect your rights and achieve the best possible outcome. Whether it's negotiating a plea deal, seeking a reduction in charges, or representing you in court, we are here to provide the expert legal counsel you need.


Conclusion


Kidnapping charges in Indiana can have severe consequences, including the potential for substantial prison sentences and life-altering impacts on your personal and professional life. It's essential to have a knowledgeable and experienced criminal defense attorney on your side to navigate the legal process and protect your rights.

At B. Hicks Law, we are committed to providing you with the best defense possible. If you are facing kidnapping charges in Indiana or need legal advice on any criminal matter, don't hesitate to contact us for a consultation. We are here to help you through this challenging time and guide you towards a positive resolution. Your freedom and future are our top priorities.

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