Kidnapping

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Kidnapping
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Historic Kidnapping

• Unlawful taking confinement
• Asportation
• By force, threat, fraud, or deception
• Note All kidnappings included a false
  imprisonment

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Montana Kidnapping Statutes

• Unlawful Restraint
• Kidnapping
• Aggravated Kidnapping

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Unlawful Restraint 45-5-301

• Knowingly or Purposely without Lawful Authority
• Restrains Another so as to Interfere
  Substantially with His\Her Liberty

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Kidnapping 45-5-302

• Unlawful Restraint
• Secreting or holding the other person in a place
  of isolation or
• Using, or threatening to use, physical force.

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Aggravated Kidnapping 45-5-302

• Kidnapping having one of following purposes
• to hold for ransom or reward or as a shield or
  hostage
• to facilitate commission of any felony or flight
  thereafter
• to inflict bodily injury or terrorize or
• to interfere with governmental or political
  action
• to hold another in involuntary servitude

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Related Statutes

• Custodial Interference 45-5-304
• Violation of Order of Protection 45-5-626
• Interference with Parent-Child contact 45-5-631
  (Could be Aggravated 45-5-632)
• Parenting Interference 45-5-634