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Current as of January 01, 2025 | Updated by Findlaw Staff
(1) A person is guilty of kidnapping in the second degree if he or she intentionally abducts another person under circumstances not amounting to kidnapping in the first degree.
(2) In any prosecution for kidnapping in the second degree, it is a defense if established by the defendant by a preponderance of the evidence that (a) the abduction does not include the use of or intent to use or threat to use deadly force, and (b) the actor is a relative of the person abducted, and (c) the actor's sole intent is to assume custody of that person. Nothing contained in this paragraph shall constitute a defense to a prosecution for, or preclude a conviction of, any other crime.
(3)(a) Except as provided in (b) of this subsection, kidnapping in the second degree is a class B felony.
(b) Kidnapping in the second degree with a finding of sexual motivation under RCW 9.94A.835 or 13.40.135 is a class A felony.
Cite this article: FindLaw.com - Washington Revised Code Title 9A. Washington Criminal Code § 9A.40.030. Kidnapping in the second degree - last updated January 01, 2025 | https://codes.findlaw.com/wa/title-9a-washington-criminal-code/wa-rev-code-9a-40-030/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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