Second degree kidnapping covers several listed kidnapping situations, and a person convicted must be imprisoned at hard labor for 5 to 40 years, with at least 2 years without parole, probation, or suspension.
§44.1. Second degree kidnapping A. Second degree kidnapping is the doing of any of the acts listed in Subsection B of this Section wherein the victim is any of the following: (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. For the purposes of this Paragraph, "sexually abused" means that the victim was subjected to any sex offense as defined in R.S. 15:541. (4) Imprisoned or kidnapped for seventy-two or more hours, except as provided in R.S. 14:45(A)(4) or (5). (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. (6) Used to facilitate the commission of a simple escape or an aggravated escape, including a simple escape or aggravated escape from either an adult or juvenile correctional or detention facility, in violation of R.S. 14:110. B. For purposes of this Section, kidnapping is any of the following: (1) The forcible seizing and carrying of any person from one place to another. (2) The enticing or persuading of any person to go from one place to another. (3) The imprisoning or forcible secreting of any person. (4) The forcible seizing of any corrections officer or any other official or employee of an adult or juvenile correctional or detention facility for any period of time whatsoever. 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; Acts 2021, No. 484, §1; Acts 2022, No. 173, §1.