1. (a) A person commits the crime of kidnapping in the second degree if he or she abducts another person using, or with the intent to use, deception, physical force, or deadly physical force.

2. (b)

   1. (1) It is an affirmative defense to a violation of this section if the actor’s sole purpose is to assume lawful control of that person.
   2. (2) The burden of injecting the issue of defense under this subsection is on the defendant, but this does not shift the burden of proof.
3. (c) Kidnapping in the second degree is a Class B felony.

(Acts 1977, No. 607, p. 812, §2211; Act 2026-375, §1.)