Arkansas Kidnapping/Abduction Laws
According to A.C.A. § 5-11-102A, person commits the offense of kidnapping if, without consent, the person restrains another person so as to interfere substantially with the other person’s liberty with the purpose of:
Holding the other person for ransom or any act to be performed for the return or release of the kidnapped person.
Using the other person as a shield or hostage;
Facilitating the commission of any felony or flight after the felony;
Inflicting physical injury upon the other person;
Engaging in sexual intercourse, deviate sexual activity, or sexual contact with the other person;
Terrorizing the other person or another person; or
Interfering with the performance of any governmental or political function.
Intent to crime or purpose is a primary element of kidnapping. Restraint without consent is another important element of kidnapping.[ii]
In Arkansas kidnapping is a class Y felony. However, kidnapping is a Class B felony if the defendant shows by preponderance of the evidence that s/he or an accomplice voluntarily released the person restrained alive and in a safe place prior to trial.
For a Class Y felony, the sentence shall be not less than ten years and not more than forty years, or life. For a Class B felony, the sentence shall be not less than five years nor more than twenty years.
Arkansas Crime Information Center (ACIC) is the state agency responsible for providing information technology services to law enforcement and other criminal justice agencies in Arkansas. ACIC also collects and publishes statistics on crime, manages the crime victim notification system, and the state sex offender registry.
2010 Arkansas Code
Title 5 - Criminal Offenses
Subtitle 2 - Offenses Against The Person
Chapter 10 - Homicide
§ 5-10-101 - Capital murder.
5-10-101. Capital murder.
(a) A person commits capital murder if: (1) Acting alone or with one (1) or more other persons: (A) The person commits or attempts to commit:
(i) Terrorism, as defined in 5-54-205;
(ii) Rape, 5-14-103;
(iii) Kidnapping, 5-11-102;
(iv) Vehicular piracy, 5-11-105;
(v) Robbery, 5-12-102;
(vi) Aggravated robbery, 5-12-103;
(vii) Residential burglary, 5-39-201(a);
(viii) Commercial burglary, 5-39-201(b);
(ix) Aggravated residential burglary, 5-39-204;
(x) A felony violation of the Uniform Controlled Substances Act, 5-64-101 -- 5-64-508, involving an actual delivery of a controlled substance; or
(xi) First degree escape, 5-54-110; and
(B) In the course of and in furtherance of the felony or in immediate flight from the felony, the person or an accomplice causes the death of a person under circumstances manifesting extreme indifference to the value of human life;
(2) Acting alone or with one (1) or more other persons:
(A) The person commits or attempts to commit arson, 5-38-301; and
(B) In the course of and in furtherance of the felony or in immediate flight from the felony, the person or an accomplice causes the death of any person;
(3) With the premeditated and deliberated purpose of causing the death of any law enforcement officer, jailer, prison official, firefighter, judge or other court official, probation officer, parole officer, any military personnel, or teacher or school employee, when such person is acting in the line of duty, the person causes the death of any person;
(4) With the premeditated and deliberated purpose of causing the death of another person, the person causes the death of any person;
(5) With the premeditated and deliberated purpose of causing the death of the holder of any public office filled by election or appointment or a candidate for public office, the person causes the death of any person;
(6) While incarcerated in the Department of Correction or the Department of Community Correction, the person purposely causes the death of another person after premeditation and deliberation;
(7) Pursuant to an agreement that the person cause the death of another person in return for anything of value, he or she causes the death of any person;
(8) The person enters into an agreement in which a person is to cause the death of another person in return for anything of value, and a person hired pursuant to the agreement causes the death of any person;
(9) (A) Under circumstances manifesting extreme indifference to the value of human life, the person knowingly causes the death of a person fourteen (14) years of age or younger at the time the murder was committed if the defendant was eighteen (18) years of age or older at the time the murder was committed.
(B) It is an affirmative defense to any prosecution under this subdivision (a)(9) arising from the failure of the parent, guardian, or person standing in loco parentis to provide specified medical or surgical treatment, that the parent, guardian, or person standing in loco parentis relied solely on spiritual treatment through prayer in accordance with the tenets and practices of an established church or religious denomination of which he or she is a member; or
(10) The person:
(A) Purposely discharges a firearm from a vehicle at a person or at a vehicle, conveyance, or a residential or commercial occupiable structure that he or she knows or has good reason to believe to be occupied by a person; and
(B) Thereby causes the death of another person under circumstances manifesting extreme indifference to the value of human life.
(b) It is an affirmative defense to any prosecution under subdivision (a)(1) of this section for an offense in which the defendant was not the only participant that the defendant did not commit the homicidal act or in any way solicit, command, induce, procure, counsel, or aid in the homicidal act's commission.
(c) (1) Capital murder is punishable by death or life imprisonment without parole pursuant to 5-4-601 -- 5-4-605, 5-4-607, and 5-4-608.
(2) For any purpose other than disposition under 5-4-101 -- 5-4-104, 5-4-201 -- 5-4-204, 5-4-301 -- 5-4-308, 5-4-310, 5-4-311, 5-4-401 -- 5-4-404, 5-4-501 -- 5-4-504, 5-4-601 -- 5-4-605, 5-4-607, and 5-4-608, capital murder is a Class Y felony.
