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Posted on March 13, 2026 in Assault & Violent Crimes
Under Arizona law, a person commits kidnapping by knowingly restraining another person with the intent to engage in one of the specific acts listed in A.R.S. § 13-1304. Depending on the circumstances, it can be a Class 4, Class 3, or Class 2 felony.
In some circumstances, kidnapping in Arizona can also be a federal crime.
At AZ Defenders, we defend Arizona residents accused of criminal law violations, including kidnapping charges.
This blog post covers Arizona’s kidnapping law, Arizona Revised Statutes (ARS) Section 13-1304. In it, we discuss:
If you have been charged with kidnapping in Arizona, call AZ Defenders at (480) 456-6400 or contact us online to speak with an experienced criminal defense attorney and to schedule a free initial consultation.
Under ARS 13-1304, the elements of a kidnapping charge are:
As we will show below, because kidnapping involves intent to commit one of the statutory purposes listed in A.R.S. § 13-1304, it is often charged alongside other felony offenses.
Kidnapping can be a federal crime under 18 U.S.C. Section 1201 or under 18 U.S.C. Section 1204 (international parental kidnapping).
Generally, under federal law, there are six unique circumstances under which a kidnapping offense can occur. These include:
If the same facts constitute kidnapping under Arizona and federal law, then you can be charged under both legal systems.
Kidnapping in Arizona is a felony offense. Sentencing depends on the following factors:
If no weapon was used during the kidnapping, there was no physical injury to the victim, the victim was voluntarily released to a safe place before any of the other offenses listed in ARS 13-1304(A)(1-6) has occurred, then kidnapping can be charged as a Class 4 felony.
If a deadly weapon was not involved, the punishment for a first time Class 4 felony offense can be probation with no time in prison, or from 1 year up to 3.75 years in prison with a presumptive sentence of 2.5 years.
If a deadly weapon was involved, the minimum sentence is 4 years in prison, with a presumptive sentence of 6 years and a maximum sentence of 8 years.
If the alleged kidnapper releases the victim based on an agreement with the State, and the victim is not physically harmed, but the defendant committed one other intended offense connected to the kidnapping, this can be charged as a Class 3 felony.
If a deadly weapon or dangerous instrument was not used in the kidnapping, the first offense range can be probation or a prison sentence of 2 years minimum up to 8.75 years maximum, with a presumptive sentence of 3.5 years.
If a deadly weapon or dangerous instrument was involved in the kidnapping, the sentence would be not less than 5 years in prison, with a presumptive sentence of 7.5 years and a maximum of 15 years.
If the victim was not released voluntarily, was injured, and/or the victim was under 15 years old, this is a Class 2 felony. If the victim is under age 15, this also qualifies as a Dangerous Crime Against a Child under ARS 13-705.
If no deadly weapon was involved in the kidnapping, the charge can be a non-dangerous Class 2 felony and carry the following punishments:
You can be charged with kidnapping in addition to being charged with any other crime that constitutes an element of the kidnapping charge. This means that it is common for the prosecution to charge an alleged kidnapping defendant with a laundry list of offenses in addition to the kidnapping charge.
Examples can include:
Sentences for kidnapping and other convictions may run consecutively or concurrently, depending on the court’s discretion and statutory requirements.
Regardless of the felony level, each count of felony conviction is subject to a fine of up to $150,000.
In addition, a felony conviction can result in at least the temporary loss of certain civil rights and will stay on your public record even after your sentence is complete. This can have significant negative effects on matters like your ability to find employment, or rent a place to live, or to obtain a professional license in the state of Arizona.
Federal kidnapping carries a potential sentence of any term of years up to life imprisonment, and possibly death if the victim dies.
If you are convicted of international parental kidnapping under 18 U.S.C. Section 1204, you may be sentenced to 3 years in federal prison.
Several legal strategies may be available to defend yourself against a kidnapping charge. Two common defenses to kidnapping cases are lack of intent to commit another offense and false accusations.
The act of knowingly restraining another person without the intent to do anything else is more likely to be charged as unlawful imprisonment under ARS 13-1303 than as kidnapping. Kidnapping requires the defendant to have the intention to commit another offense in combination with knowingly restraining the victim.
Accusations of kidnapping often arise in the context of parental custody disputes, including custodial interference under ARS 13-1302.
For example, a dispute between divorced parents about one parent’s child visitation rights can lead one parent to call the police and accuse the other of kidnapping, especially in acrimonious divorce situations. A common situation in which kidnapping is alleged is during domestic disputes when a parent picks a child up in his or her vehicle from school without the custodial parent’s permission, or a parent with visitation rights does not return the child to the other parent in accordance with the visitation schedule.
As with all criminal prosecutions, the police and prosecutors must carefully follow established procedures when gathering and preserving evidence obtained against you and observe your rights under the Constitution.
For example, if the police obtain evidence against you in violation of your right to be free from unlawful search and seizure, this misstep can jeopardize the prosecution’s case against you by having key evidence, witness testimony, or any confession thrown out of court.
Or, if the police do not properly preserve the chain of custody of evidence in their possession, this can also result in that evidence becoming inadmissible against you.
Sometimes, especially when the kidnapping involves the kidnapper wearing a mask or other disguise to conceal that person’s identity, misidentification of you as the kidnapper can be a defense.
Lastly, if discrepancies exist in the testimony offered against you by police or alleged witnesses, these inconsistencies may become grounds to cast reasonable doubt on one or more elements of the kidnapping charge.
Kidnapping is one of the most serious crimes you can be charged with in the state of Arizona, and it can sometimes subject you to federal prosecution. Even a Class 4 felony, the lowest level of conviction for kidnapping, can mean harsh penalties including a lengthy prison sentence, up to a six-figure fine, loss of civil rights, and lasting damage to your public record and your reputation.
A single conviction for kidnapping could result in you spending a significant amount of your life in an Arizona prison. Because of the seriousness of the stakes involved, if you are accused of kidnapping, you need the best possible legal representation.
At AZ Defenders, our Arizona criminal defense lawyers have decades of combined experience defending people charged with all kinds of criminal offenses, including kidnapping. We will fight aggressively to prevent adverse outcomes that could impact your civil rights, your freedom, your ability to work and provide for your family, and many other important considerations.
Our highly motivated and dedicated attorneys will bring their years of criminal law experience to your case, using intensive investigative abilities and comprehensive trial litigation experience to your benefit.
To speak with an experienced Arizona defense lawyer, call us today at (480) 456-6400 or use our contact form to set up a free consultation.