26.15.120 Kidnapping.
(1) Kidnapping in the First Degree.
(a) Whoever unlawfully seizes, confines, inveigles, decoys, kidnaps, abducts, or carries away and holds for ransom or reward or otherwise any person, except in the case of a minor by the parent thereof, when:
(i) The person is willfully transported in interstate or foreign commerce, regardless of whether the person was alive when transported across a State boundary, or the offender travels in interstate or foreign commerce or uses the mail or any means, facility, or instrumentality of interstate or foreign commerce in committing or in furtherance of the commission of the offense;
(ii) Any such act against the person is done within the exterior boundaries of the Cowlitz Tribes;
(iii) A foreign official, an internationally protected person; or
(iv) The person is a Tribal public servant, as defined in Chapter 26.35 CTC, and any such act against the person is done while the person is engaged in, or on account of, the performance of official duties, shall be guilty of a Class F offense.
(b) With respect to subsection (1)(a)(i) of this section, the failure to release the victim within 24 hours after he has been unlawfully seized, confined, inveigled, decoyed, kidnapped, abducted, or carried away shall create a rebuttable presumption that such person has been transported in interstate or foreign commerce. Notwithstanding the preceding sentence, the fact that the presumption under this section has not yet taken effect does not preclude a Federal investigation or Tribal investigation of a possible violation of this section before the twenty-four (24) hour period has ended.
(c) If two or more persons conspire to violate this section and one or more of such persons do any overt act to affect the object of the conspiracy, each shall be guilty of a Class F offense.
(d) Whoever attempts to violate subsection (1)(a) of this section shall be guilty of a Class F offense.
(e) Special Rule for Certain Offenses Involving Children.
(i) To Whom Applicable. If:
(A) The victim of an offense under this section has not attained the age of eighteen (18) years; and
(B) The offender:
(1) Has attained such age; and
(2) Is not:
(a) A parent;
(b) A grandparent;
(c) A brother;
(d) A sister;
(e) An aunt;
(f) An uncle; or
(g) An individual having legal custody of the victim.
(f) As used in this section, the term “parent” does not include a person whose parental rights with respect to the victim of an offense under this section have been terminated by a final court order.
(2) Kidnapping in the Second Degree.
(a) A person commits the offense of kidnapping in the second degree by knowingly or purposely, and without lawful authority, restraining another person by:
(i) Secreting or holding the person in a place of isolation; or
(ii) Using or threatening to use physical force against the other person.
(b) Kidnapping in the second degree is a Class E offense.