Nevada Kidnapping Law (NRS 200.310) | Charges, Penalties & Defenses

Kidnapping charges in Nevada under NRS 200.310 are among the most aggressively prosecuted offenses in the state, and they come with life-altering consequences.

Whether the allegation involves restraining someone during a robbery, moving a person against their will, or something more complex, you’re facing severe penalties, including decades in prison.

But not every accusation meets the legal standard for kidnapping. With an experienced criminal defense attorney, there may be strong grounds to challenge the charges and protect your future.

How Nevada Defines Kidnapping (NRS 200.310)

Kidnapping in Nevada isn’t just about someone being forcibly taken off the street. Under NRS 200.310, the crime of kidnapping is split into two degrees—first and second—depending on the intent behind the act.

First-Degree Kidnapping

Under Nevada law, first-degree kidnapping happens when someone takes or holds another person against their will, and does it for a specific reason, like:

• Asking for ransom or a reward
• Using the person as a hostage or shield
• Trying to sexually assault, rob, or seriously hurt them, especially if there’s evidence of the use of a deadly weapon
• Taking a child under 14 to keep them from their parent or guardian
• Holding someone to get money or something of value from their family

When someone’s charged with first-degree kidnapping, it’s treated as a category A felony, the most serious classification under Nevada criminal law, often reserved for offenses like murder and sexual assault. If convicted, you’re looking at a potential life sentence.

Second Degree Kidnapping (NRS 200.310(2))

Second-degree kidnapping is charged when the accused did not intend to harm the victim but still acted unlawfully. It usually means someone took another person with the intent to keep the person hidden, without the legal right to do so, and either:

• Kept the person secretly imprisoned within the state, or
• Moved them out of the state without the authority of law

Kidnapping is a category B offense in these cases, with penalties ranging from 2 to 15 years in prison, plus a fine that could go up to $15,000.

What Nevada Considers Kidnapping

Kidnapping in Nevada isn’t always about a dramatic abduction or someone being dragged into a van. The law is broader than that, and the wording can be tricky if you don’t live and breathe criminal statutes every day.

To get a clearer picture of what you’re being accused of, here are a few key terms from Nevada’s kidnapping laws that you’ll want to understand:

• “Willfully” means the act wasn’t accidental—you had a clear, deliberate intent to take or keep the person. If it was a misunderstanding or poor judgment, that matters.
• “Without authority of law” means you had no legal right to move or detain the person. This often shows up in child custody kidnapping cases or situations where someone impersonates a police officer.
• “Secretly imprisoned” doesn’t mean someone’s locked in a jail cell. It could be a basement, a locked car, a remote trailer—anywhere the person is held where no one’s likely to find them. And it still counts under NRS 200.310.
• “Ransom or reward” doesn’t just mean stacks of cash. Courts interpret this broadly. Property, drugs, favors—it all falls under the same definition.

The bottom line? Intent is everything. What you were trying to do—and how you did it—will determine whether this gets charged as first-degree kidnapping, second-degree kidnapping, or something lesser like false imprisonment under NRS 200.460.

And that’s exactly where a criminal defense attorney comes in. We know how to pick apart these cases. If the facts don’t line up with what the state is claiming, we’ll argue for reduced charges or push for a dismissal.

What’s at Stake If You’re Convicted of Kidnapping in Nevada

A kidnapping conviction in Nevada doesn’t just put your freedom on the line—it can turn your entire life upside down. This is one of the few crimes where probation isn’t even an option. If you’re convicted, prison is mandatory.

And it doesn’t stop there. A felony record for kidnapping—whether first-degree or second-degree—follows you for life. Here’s how it can hit you long after sentencing:

• It can destroy your job prospects or make it impossible to pass a background check
• It can affect child custody or visitation, especially if the case involves your own child
• If you’re not a U.S. citizen, it can jeopardize your immigration status or lead to deportation
• You’ll lose your right to vote, own a firearm, and you’ll wear the label of a violent felon
• Your reputation in the community could take a permanent hit

Worse, kidnapping charges often don’t come alone. You might also be facing charges for sexual assault, robbery, child abuse, or even murder, especially if the alleged victim was injured or killed. Prosecutors often stack charges, which can quickly increase your potential prison exposure.

All of this is why you can’t afford to take a wait-and-see approach. If you’ve been accused, it’s time to fight. And that starts with a defense lawyer who knows how to challenge the kidnapping statute, the evidence, and the intent that the state is trying to prove.

Defending Against Nevada Kidnapping Charges

Every case is different, but here are some of the angles we look at when we start building a defense:

• Intent isn’t just a box to check. The prosecution has to prove you meant to kidnap someone, not just that the situation got out of hand or was misunderstood. That’s a high bar.
• If the person agreed to go with you and wasn’t held against their will, that could completely shift how the charges play out.
• Mental health or intoxication—if either played a role, you may not have been capable of forming criminal intent. That matters, too.
• In rare cases, we’ve argued necessity—acting to protect yourself or someone else from immediate danger.
• And then there are the procedural issues: illegal searches, rights violations, sloppy police work. We look for all of it.
• Sometimes, the smartest move is to fight for a lesser charge, like false imprisonment under NRS 200.460, that opens the door to probation or alternative sentencing.

We don’t do cookie-cutter defenses. We sit down, look at the full picture, and figure out what gives you the best shot at keeping your life on track. Then we go to work.

Frequently Asked Questions About Kidnapping Charges in Nevada

If you’re facing a kidnapping charge in Nevada, your head’s probably spinning. That’s normal. We’ve helped enough people through this to know the same questions come up over and over again.

Let’s tackle a few of them here.

“If I’m convicted, am I definitely going to prison?”

In short? Yes. There’s no probation, no slap on the wrist. First-degree kidnapping can mean life. Second-degree starts at two years and runs up to fifteen.

But here’s the part no one tells you: just because you’re charged with kidnapping doesn’t mean that’s how it ends. We’ve had cases knocked down to lesser charges—or dropped completely—because the state couldn’t prove intent, or consent was clear, or they just overreached.

“What if the person said ‘yes’ at first, but changed their mind?”

Consent at the beginning helps. But if they changed their mind and you didn’t let them go, that’s where the trouble starts.

Still, the facts matter. Did they really withdraw consent? Did you know? Did they leave without resistance? That gray area is where strong defenses are built.

“I’m not a U.S. citizen. What does this mean for me?”

Here’s the hard truth: kidnapping is an aggravated felony in the eyes of immigration courts. That means deportation, detention, and a bar from re-entry are all very much on the table.

If you’re not a citizen, this is not the kind of case to handle on your own—or with someone who doesn’t understand how criminal and immigration law collide. We’ve seen good people lose everything because they didn’t get the right help early enough.

“Can I ever get this off my record?”

No. In Nevada, kidnapping convictions don’t get sealed or expunged—ever. That charge stays with you unless you’re granted a pardon, which is extremely rare.

That’s why the fight happens now, not later. Because later, your options are gone.

Reach Out to a Las Vegas Kidnapping Defense Lawyer Today

If you or someone you care about is facing kidnapping charges in Nevada, don’t wait. These are serious felony cases, and the state won’t slow down.

At Benjamin Durham Law Firm, we’ve handled kidnapping cases from both sides—as former prosecutors and now as committed defense attorneys. We know the playbook, and we know how to fight for your future.

Reach out today. We’ll go over the charges, explain what you’re up against, and get to work on a defense strategy that fits the facts. Your consultation is free and completely confidential.

You’re not just defending your case—you’re protecting your life. Let’s take that first step together.