Kidnapping, Unlawful Imprisonment, Custodial Interference - Louisville, Kentucky

BRENDAN MCLEOD - ATTORNEY AT LAW
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This is an unofficial posting of the Kentucky Revised Statutes. No guarantee they are current.

Kidnapping, Unlawful Imprisonment, Custodial Interference - Criminal Defense - Louisville, Kentucky

509.010 DEFINITIONS

The following definitions apply in this chapter unless the context otherwise requires:

(1) "Relative" means a parent, ancestor, brother, sister, uncle or aunt.

(2) "Restrain" means to restrict another person's movements in such a manner as to cause a substantial interference with his liberty by moving him from one place to another or by confining him either in the place where the restriction commences or in a place to which he has been moved without consent. A person is moved or confined "without consent" when the movement or confinement is accomplished by physical force, intimidation, or deception, or by any means, including acquiescence of a victim, if he is under the age of sixteen (16) years, or is substantially incapable of appraising or controlling his own behavior.

509.020 UNLAWFUL IMPRISONMENT IN THE FIRST DEGREE

(1) A person is guilty of unlawful imprisonment in the first degree when he knowingly and unlawfully restrains another person under circumstances which expose that person to a risk of serious physical injury.

(2) Unlawful imprisonment in the first degree is a Class D felony.

509.030 UNLAWFUL IMPRISONMENT IN THE SECOND DEGREE

(1) A person is guilty of unlawful imprisonment in the second degree when he knowingly and unlawfully restrains another person.

(2) Unlawful imprisonment in the second degree is a Class A misdemeanor.

09.040 KIDNAPPING

(1) A person is guilty of kidnapping when he unlawfully restrains another person and when his intent is: (a) To hold him for ransom or reward; or (b) To accomplish or to advance the commission of a felony; or (c) To inflict bodily injury or to terrorize the victim or another; or (d) To interfere with the performance of a governmental or political function; or (e) To use him as a shield or hostage; or (f) To deprive the parents or guardian of the custody of a minor, when the person taking the minor is not a person exercising custodial control or supervision of the minor as the term "person exercising custodial control or supervision" is defined in KRS 600.020.

(2) Kidnapping is a Class B felony when the victim is released alive and in a safe place prior to trial, except as provided in this section. Kidnapping is a Class A felony when the victim is released alive but the victim has suffered serious physical injury during the kidnapping, or as a result of not being released in a safe place, or as a result of being released in any circumstances which are intended, known or should have been known to cause or lead to serious physical injury. Kidnapping is a capital offense when the victim is not released alive or when the victim is released alive but subsequently dies as a result of: (a) Serious physical injuries suffered during the kidnapping; or (b) Not being released in a safe place; or (c) Being released in any circumstances which are intended, known or should have been known to cause or lead to the victim's death.

509.050 EXEMPTION

A person may not be convicted of unlawful imprisonment in the first degree, unlawful imprisonment in the second degree, or kidnapping when his criminal purpose is the commission of an offense defined outside this chapter and his interference with the victim's liberty occurs immediately with and incidental to the commission of that offense, unless the interference exceeds that which is ordinarily incident to commission of the offense which is the objective of his criminal purpose. The exemption provided by this section is not applicable to a charge of kidnapping that arises from an interference with another's liberty that occurs incidental to the commission of a criminal escape.

509.060 DEFENSE

In any prosecution for unlawful imprisonment or kidnapping it is a defense that the defendant was a relative of the victim and his sole purpose was to assume custody of the victim.

509.070 CUSTODIAL INTERFERENCE

(1) A person is guilty of custodial interference when, knowing that he has no legal right to do so, he takes, entices or keeps from lawful custody any mentally disabled or other person entrusted by authority of law to the custody of another person or to an institution.

(2) It is a defense to custodial interference that the person taken from lawful custody was returned by the defendant voluntarily and before arrest or the issuance of a warrant for arrest.

(3) Custodial interference is a Class D felony unless the person taken from lawful custody is returned voluntarily by the defendant.

509.080 CRIMINAL COERCION

(1) A person is guilty of criminal coercion when with intent to compel another person to engage in or refrain from conduct, he unlawfully threatens to: (a) Commit any crime; or (b) Accuse anyone of a crime; or (c) Expose any secret tending to subject any person to hatred, contempt or ridicule or to impair another's credit or business repute; or (d) Take or withhold action as an official or cause an official to take or withhold action.

(2) A defendant may prove in exculpation of criminal coercion committed under subsection (1)(b), (c) or (d) that he believed the accusation or secret to be true or the proposed official action justified and that his sole purpose was to compel or induce the victim to desist from misbehavior or to make good a wrong done by him.

(3) Criminal coercion is a Class A misdemeanor.