Is A Kidnapping Offense Viable If The Victim Is Returned Unharmed?

If you commit kidnapping but release the person unharmed and in a safe place, your charge may be reduced to a second-degree crime. To determine whether the victim was released in a safe place, the court considers the totality of the circumstances and evaluates the evidence presented at trial in its entirety, this includes the following: (1) the victim’s age and physical or mental condition; (2) the location, the conditions of the area, and the time of the victim’s release; and  (3) any circumstances surrounding the release.