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      RS 14:44.1     

  

§44.1.  Second degree kidnapping

A.  Second degree kidnapping is the doing of any of the acts listed in Subsection B wherein the victim is:

(1)  Used as a shield or hostage;

(2)  Used to facilitate the commission of a felony or the flight after an attempt to commit or the commission of a felony;

(3)  Physically injured or sexually abused;

(4)  Imprisoned or kidnapped for seventy-two or more hours, except as provided in R.S. 14:45(A)(4) or (5); or

(5)  Imprisoned or kidnapped when the offender is armed with a dangerous weapon or leads the victim to reasonably believe he is armed with a dangerous weapon.  

B.  For purposes of this Section, kidnapping is:

(1)  The forcible seizing and carrying of any person from one place to another; or

(2)  The enticing or persuading of any person to go from one place to another; or

(3)  The imprisoning or forcible secreting of any person.  

C.  Whoever commits the crime of second degree kidnapping shall be imprisoned at hard labor for not less than five nor more than forty years.  At least two years of the sentence imposed shall be without benefit of parole, probation, or suspension of sentence.  

Acts 1989, No. 276, §1.  



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