22-19-1
Kidnapping--Aggravated kidnapping in the first degree--Class of felony.
22-19-1.1
Kidnapping in the second degree.
22-19-2 to 22-19-5.
Repealed.
22-19-6
Possession of ransom or reward--Felony.
22-19-7
Repealed.
22-19-7.1
Enticing away a child--Misdemeanor--Subsequent violation felony.
22-19-8
Substitution of infant with intent to deceive.
22-19-9
Taking, enticing away, or keeping of unmarried minor child by parent--Misdemeanor--Subsequent violation felony.
22-19-10
Removal of child from state--Felony.
22-19-11
Failure to report offense as complete defense.
22-19-12
Expense of child's return.
22-19-13 to 22-19-16. Transferred.
22-19-17
False imprisonment--Misdemeanor.
22-19-1. Kidnapping--Aggravated kidnapping in the first degree--Class of felony.
Any person who, either unlawfully removes another person from the other's place of residence or employment, or who unlawfully removes another person a substantial distance from the vicinity where the other was at the commencement of the removal, or who unlawfully confines another person for a substantial period of time, with any of the following purposes:
(1) To hold for ransom or reward, or as a shield or hostage; or
(2) To facilitate the commission of any felony or flight thereafter; or
(3) To inflict bodily injury on or to terrorize the victim or another; or
(4) To interfere with the performance of any governmental or political function; or
(5) To take or entice away a child under the age of fourteen years with intent to detain and conceal such child;
is guilty of kidnapping in the first degree. Kidnapping in the first degree is a Class C felony, unless the person has inflicted serious bodily injury on the victim, in which case it is aggravated kidnapping in the first degree and is a Class B felony.
Source: SDC 1939, § 13.2701; SL 1939, ch 31, § 1; SL 1955, ch 29, § 1; SL 1957, ch 32, § 1; SL 1976, ch 158, § 19-1; SL 1979, ch 160, § 3; SL 1993, ch 175, § 1; SL 2005, ch 120, § 115.
22-19-1.1. Kidnapping in the second degree.
Any person who unlawfully holds or retains another person with any of the following purposes:
(1) To hold for ransom or reward, or as a shield or hostage; or
(2) To facilitate the commission of any felony or flight thereafter; or
(3) To inflict bodily injury on or to terrorize the victim or another; or
(4) To interfere with the performance of any governmental or political function; or
(5) To take or entice away a child under the age of fourteen years with intent to detain and conceal such child;
is guilty of kidnapping in the second degree. Kidnapping in the second degree is a Class 3 felony, unless the person has inflicted serious bodily injury on the victim in which case it is aggravated kidnapping in the second degree and is a Class 1 felony.
Source: SL 2005, ch 120, § 447.
22-19-6. Possession of ransom or reward--Felony.
Any person who receives, possesses, or disposes of any money or other property which has, at any time, been delivered as ransom or reward in connection with a kidnapping and who knows that the money or property is ransom or reward in connection with a kidnapping, is guilty of a Class 3 felony.
Source: SDC 1939, § 13.2703; SL 1976, ch 158, § 19-2; SL 2005, ch 120, § 116.
22-19-7.1. Enticing away a child--Misdemeanor--Subsequent violation felony.
No person may attempt, by any means, to take, allure, or entice away a child under the age of sixteen for any illegal purpose. A violation of this section is a Class 1 misdemeanor. Any subsequent violation is a Class 6 felony.
Source: SL 1997, ch 136, § 1; SL 2005, ch 120, § 117.
22-19-8. Substitution of infant with intent to deceive.
Any person to whom an infant has been confided, who, with intent to deceive the parent or guardian of the child, substitutes or produces another child in the place of the one so confided, is guilty of a Class 5 felony.
Source: SL 1976, ch 158, § 19-4.
22-19-9. Taking, enticing away, or keeping of unmarried minor child by parent--Misdemeanor--Subsequent violation felony.
Any parent who takes, entices away, or keeps his or her unmarried minor child from the custody or visitation of the other parent, or any other person having lawful custody or right of visitation, in violation of a custody or visitation determination entitled to enforcement by the courts of this state, without prior consent is guilty of a Class 1 misdemeanor. Any subsequent violation of this section is a Class 6 felony.
Source: SL 1979, ch 171, § 7; SL 1980, ch 174, § 1; SL 1985, ch 178, § 1; SL 2005, ch 120, § 118.
22-19-10. Removal of child from state--Felony.
Any parent who violates § 22-19-9 and causes the unmarried minor child, taken, enticed, or kept from the child's lawful custodian, to be removed from the state is guilty of a Class 5 felony.
Source: SL 1980, ch 174, § 2; SL 1985, ch 178, § 2; SL 2005, ch 120, § 119.
22-19-11. Failure to report offense as complete defense.
It is a complete defense to a prosecution for a violation of §§ 22-19-9 and 22-19-10 that the person having lawful custody or right of visitation failed to report the offense to law enforcement authorities within ninety days of the offense.
Source: SL 1980, ch 174, § 3.
22-19-12. Expense of child's return.
The state or any other unit of government incurring financial expense for the return of the child may charge that cost against the person extradited if that person is found guilty of a violation of § 22-19-10. Such expense may be charged against the person filing the charge if the person extradited is found not guilty of a violation of § 22-19-10.
Source: SL 1981, ch 175; SL 2005, ch 120, § 120.
22-19-17. False imprisonment--Misdemeanor.
Any person who knowingly and purposely restrains another person unlawfully so as to substantially interfere with such person's liberty is guilty of false imprisonment. False imprisonment is a Class 1 misdemeanor.
Source: SL 2005, ch 120, § 126.
