1. (1) A person commits the crime of kidnapping in the second degree if, with intent to interfere substantially with another’s personal liberty, and without consent or legal authority, the person:

   1. (a) Takes the person from one place to another; or
   2. (b) Secretly confines the person in a place where the person is not likely to be found.

2. (2) It is a defense to a prosecution under subsection (1) of this section if:

   1. (a) The person taken or confined is under 16 years of age;
   2. (b) The defendant is a relative of that person; and
   3. (c) The sole purpose of the person is to assume control of that person.
3. (3) Kidnapping in the second degree is a Class B felony.

[1971 c.743 §98; 2005 c.22 §111]