Delaware Code Title 11 Sec. 783A – Kidnapping in the first degree; class B felony
A person is guilty of kidnapping in the first degree when the person unlawfully restrains another person with any of the following purposes:
(1) To hold the victim for ransom or reward; or
(2) To use the victim as a shield or hostage; or
(3) To facilitate the commission of any felony or flight thereafter; or
(4) To inflict physical injury upon the victim, or to violate or abuse the victim sexually; or
(5) To terrorize the victim or a third person; or
(6) To take or entice any child less than 18 years of age from the custody of the child’s parent, guardian or lawful custodian;
and the actor does not voluntarily release the victim alive, unharmed and in a safe place prior to trial.
Attorney's Note
Under the Delaware Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class B felony | between 2 and 25 years |
Terms Used In Delaware Code Title 11 Sec. 783A
- Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Kidnapping in the first degree is a class B felony.
59 Del. Laws, c. 547, § ?5; 66 Del. Laws, c. 398, § ?2; 67 Del. Laws, c. 130, § ?8; 70 Del. Laws, c. 186, § ?1; 77 Del. Laws, c. 148, § ?36;