2011 Connecticut Code
Title 53a Penal Code
Chapter 952 Penal Code: Offenses
Sec. 53a-94. Kidnapping in the second degree: Class B felony: Three years not suspendable.

      Sec. 53a-94. Kidnapping in the second degree: Class B felony: Three years not suspendable. (a) A person is guilty of kidnapping in the second degree when he abducts another person.

      (b) Kidnapping in the second degree is a class B felony for which three years of the sentence imposed may not be suspended or reduced by the court.

      (1969, P.A. 828, S. 96; P.A. 93-148, S. 1.)

      History: P.A. 93-148 amended Subsec. (b) to add provision re three-year nonsuspendable sentence.

      Cited. 169 C. 242. Cited. 171 C. 47. Cited. 172 C. 22. Cited. 177 C. 335; Id., 637. Cited. 178 C. 549; Id., 634. Cited. 185 C. 163. Cited. 186 C. 179. Cited. 188 C. 406; Id., Cited. 190 C. 822. Cited. 191 C. 604. Cited. 196 C. 430. Cited. 198 C. 68; Id., 190. Cited. 199 C. 537. Cited. 200 C. 586. Cited. 202 C. 343; Id., 520. Cited. 206 C. 40; Id., 685. Cited. 208 C. 365. Cited. 211 C. 672. Cited. 213 C. 388. Cited. 231 C. 195.

      Cited. 1 CA 697. Cited. 12 CA 268; Id., 613. Cited. 20 CA 437. Cited. 21 CA 411. Cited. 27 CA 786. Cited. 35 CA 740. Cited. 42 CA 768. Cited. 46 CA 486; Id., 691.

      Subsec. (a):

      Cited. 178 C. 600. Cited. 179 C. 328. Cited. 180 C. 565. Cited. 182 C. 449. Cited. 187 C. 681. Cited. 190 C. 327. Cited. 192 C. 166. Cited. 197 C. 485. Cited. 198 C. 314. Cited. 238 C. 784. The legislature intended to exclude from the scope of the more serious crime of kidnapping and its accompanying severe penalties those confinements or movements of a victim that are merely incidental to and necessary for the commission of another crime against that victim. 287 C. 509. The court's repeated pronouncements that there are no minimum time or distance requirements to establish restraint within the meaning of this Subsec., coupled with this Subsec.'s prohibition of the act of restraint only when it is accomplished with the specific intent of preventing a victim's liberation, defeats defendant's claim that this Subsec. is unconstitutionally vague as applied to defendant's actions. 294 C. 753.

      There is neither any time requirement for the restraint, nor any distance requirement for the asportation to constitute the crime of kidnapping. 1 CA 697. By its plain terms, Subsec. gives fair warning to the public that if a person abducts another he is guilty of that offense. 83 CA 142. Statute is unconstitutionally vague as applied to the particular facts in issue because it failed to put defendant on notice that forcibly taking victim's arm but not moving her was a violation. 95 CA 332; judgment reversed, see 294 C. 753.