A. Kidnapping is the unlawful taking, restraining, transporting or confining of a person, by force, intimidation or deception, with intent:

Attorney's Note

Under the New Mexico Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
first degree felonyup to 18 yearsup to $15,000
second degree felonyup to 9 yearsup to $10,000
For details, see N.M. Stat. Ann. § 31-18-15

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(1)     that the victim be held for ransom;

(2)     that the victim be held as a hostage or shield and confined against his will;

(3)     that the victim be held to service against the victim’s will; or

(4)     to inflict death, physical injury or a sexual offense on the victim.

B. Whoever commits kidnapping is guilty of a first degree felony, except that he is guilty of a second degree felony when he voluntarily frees the victim in a safe place and does not inflict physical injury or a sexual offense upon the victim.