Statutes | Cherokee Code PArt II Chapter 14 Article IX ยง 14-40.30 | 2019
(a) It shall be unlawful to intentionally and wrongfully remove another from his place of residence, business, or from the vicinity where he is found, or to unlawfully confine or conceal another for a substantial period, for any of the following purposes:
(1) To hold for ransom or reward, or as a shield or hostage
(2) To facilitate commission of any offense, or flight thereafter
(3) To inflict bodily injury on or to terrorize the victim or another or
(4) To interfere with the performance of any Eastern Band of Cherokee Indian governmental or political function.
(b) A removal, restraint, or confinement is wrongful within the meaning of this section if it is accomplished by force, threat, or deception, or, in the case of a child under the age of 14 or incompetent, if it is accomplished without the consent of a parent, guardian, or other person responsible for general supervision of his welfare.
(c) Kidnapping shall be punishable by a fine of not less than $500.00 nor more than $15,000.00, by imprisonment for not less than three months nor more than three years, by exclusion for a period of not less two years nor more than ten years, or by any combination of them. Should the commission of the offense result in the death or serious bodily injury to any person, a sentence of exclusion may be imposed for any period not exceeding life in addition to the punishment authorized above.
(Ord. No. 117, 3-3-2000 Ord. No. 182, 8-6-2012)