NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

 

 

CHAPTER 843

SENATE BILL 513

 

 

AN ACT TO REWRITE THE LAW RELATING TO KIDNAPPING.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 14-39 is rewritten to read as follows:

"§ 14-39.  Kidnapping. — (a) Any person who shall unlawfully confine, restrain, or remove from one place to another, any other person 16 years of age or over without the consent of such person, or any other person under the age of 16 years without the consent of a parent or legal custodian of such person, shall be guilty of kidnapping if such confinement, restraint or removal is for the purpose of:

(1)        holding such other person for ransom or as a hostage or using such other person as a shield; or

(2)        facilitating the commission of any felony or facilitating flight of any person following the commission of a felony; or

(3)        doing serious bodily harm to or terrorizing the person so confined, restrained or removed or any other person.

(b)        Any person convicted of kidnapping shall be guilty of a felony and shall be punished by imprisonment for not less than 25 years nor more than life. If the person kidnapped, as defined in subsection (a), was released by the defendant in a safe place and had not been sexually assaulted or seriously injured, the person so convicted shall be punished by imprisonment for not more than 25 years, or by a fine of not more than ten thousand dollars ($10,000), or both, in the discretion of the court.

(c)        Any firm or corporation convicted of kidnapping shall be punished by a fine of not less than five thousand dollars ($5,000) nor more than one hundred thousand dollars ($100,000), and its charter and right to do business in the State of North Carolina shall be forfeited."

Sec. 2.  This act shall become effective on July 1, 1975, and shall apply only to offenses committed after that date. It shall not be construed to repeal or amend the law of this State now in effect with reference to trial, conviction, sentence or punishment of any person for the crime of kidnapping committed prior to July 1, 1975.

In the General Assembly read three times and ratified, this the 25th day of June, 1975.