Starting level and typical ranges
These ranges use the starting level alone, before any of the facts listed below, for someone with no criminal record unless the column says otherwise. Most real cases add levels.
| Starting point | Level | Trial | Guilty plea | Plea + zero-point | Category IV, plea |
|---|---|---|---|---|---|
| Kidnapping, the starting point | 32 | 121–151 months | 87–108 months | n/a | 121–151 months |
The 2-level zero-point reduction is generally not available for this kind of offense, because it usually involves violence, a credible threat or a weapon (§4C1.1(a)(3), (a)(7)).
What changes the sentence
Each of these facts moves the offense level under §2A4.1. Adjustments that apply to every offense, such as role in the offense, obstruction, a guilty plea and criminal history, come after these.
| Fact | Effect | Rule |
|---|---|---|
| Was a ransom demand, or a demand on a government, made: Yes | +6 | §2A4.1(b)(1) |
| How badly was the victim hurt: Serious bodily injury | +2 | §2A4.1(b)(2) |
| How badly was the victim hurt: Between serious and permanent or life-threatening injury | +3 | §2A4.1(b)(2) |
| How badly was the victim hurt: Permanent or life-threatening bodily injury | +4 | §2A4.1(b)(2) |
| Was a dangerous weapon used: Yes | +2 | §2A4.1(b)(3) |
| How long was the victim held: Not released before 7 days had passed, but released before 30 days | +1 | §2A4.1(b)(4) |
| How long was the victim held: Not released before 30 days had passed | +2 | §2A4.1(b)(4) |
| Was the victim sexually exploited: Yes | +6 | §2A4.1(b)(5) |
| Was a minor victim handed over, for money or something else of value, to someone with no legal right to the child: Yes | +3 | §2A4.1(b)(6) |
Important details
- Kidnapping a child under 18, by an adult who is not a parent, grandparent, brother, sister, aunt, uncle or legal custodian, carries a mandatory minimum of 20 years in prison (18 U.S.C. §1201(g)). The calculator does not apply mandatory minimums like these. When one is higher than the range shown, the statute controls, unless the government files a motion for substantial assistance (18 U.S.C. §3553(e)).
- If the victim was killed in circumstances that amount to murder, the first-degree murder guideline applies instead (§2A4.1(c)(1)).
- If the kidnapping happened during or in connection with another crime, or another crime was committed during it, the level can rise. If the other crime's guideline already accounts for kidnapping, that guideline's level is used. Otherwise it is 4 plus the other crime's level, up to 43. This applies only if the result is higher than the level worked out here (§2A4.1(b)(7)).
- Example from the manual: a kidnapping in which someone tried to kill the victim in a way that would have been first-degree murder is treated by reference to first-degree murder (§2A4.1, note 4).
- Calculator limits: §2A4.1(b)(7): increase based on the offense level of another crime committed with the kidnapping.
Frequently asked questions
What is the base offense level for kidnapping?
The guideline for kidnapping is §2A4.1 of the federal Sentencing Guidelines. Its starting level is 32, before any adjustments.
What is the guideline range for kidnapping with no criminal history points and a guilty plea?
Using the starting level alone, a person with no criminal history points who pleads guilty scores 87–108 months (7 years, 3 months to 9 years). Kidnapping a child can carry a 20-year mandatory minimum (18 U.S.C. §1201(g)), which controls when it is higher than the range. The facts listed under “What changes the sentence” can add levels, and the judge can sentence outside the range, but not below a mandatory minimum that applies.
Is probation possible for kidnapping?
Not under the guidelines. Even at the starting level with a guilty plea the range is in Zone D, where the minimum must be served in prison. A judge may vary below the range, but not below a mandatory minimum that applies.
Is the calculator accurate for kidnapping?
It follows §2A4.1 of the Guidelines Manual effective November 1, 2025. It passed 5 review rounds, each comparing every number, rule and label with the manual text, and its last round found nothing to correct. Those reviews were done with AI tools, not by lawyers, and it has not yet been reviewed by an attorney, so mistakes are possible. The guidelines are advisory, and a lawyer who knows the case can tell you what actually applies.
Related offenses
- Demanding or Receiving RansomDemanded or handled ransom money without doing the kidnappingVerified
- Aircraft Piracy (Hijacking)Hijacked an aircraft, or tried toVerified
- Interfering with a Flight CrewInterfered with a flight crew or transit, or flew a drone unsafelyVerified
- Crimes Aboard an AircraftCommitted a crime such as assault or theft on board an aircraftVerified
- Threatening or Harassing CommunicationsThreatened or harassed someone, made a hoax, or filed false liensVerified
- Stalking and Interstate Domestic ViolenceStalked someone, or crossed state lines to commit domestic violenceVerified
- First-Degree MurderKilled someone in a planned killing, or during a serious felonyVerified
- Second-Degree MurderKilled someone on purpose or with extreme recklessness, but unplannedVerified