Jurisdictions vary as to how they grade kidnapping. The Model Penal Code grades kidnapping as a felony of the first or second degree (Model Penal Code § 212.1). Many states divide kidnapping into degrees or grade it as simple and aggravated. 1 First-degree or aggravated kidnapping is generally graded as a serious felony, and second-degree or simple kidnapping is generally graded as a lower-level felony. 2 One factor that could mitigate or reduce grading is the defendant’s release of the victim unharmed in a safe place. 3 Factors that could enhance grading are the youth of the victim or the infliction of serious bodily injury. When kidnapping takes a victim across state lines, the defendant can also be prosecuted for the additional offense of federal kidnapping.
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