State v. Eagle

In State v. Eagle, 196 Ariz. 188, 994 P.2d 395, cert. denied, 531 U.S. 839, 121 S. Ct. 102, 148 L. Ed. 2d 60 (2000), the Arizona Supreme Court held that A.R.S. section 13-1304(A) completely defines the elements of kidnapping and that subsection B only pertains to the classifications of the punishment. 196 Ariz. at 190-91 PP7-8, 10, 994 P.2d at 397-98. The voluntary release of a victim was determined to be "a mitigating factor relevant solely for sentencing purposes." 196 Ariz. at 192 P17, 994 P.2d at 399. The court expressly rejected the theory that a victim's safe release constituted an element of second-degree kidnapping, concluding that no such offense exists in Arizona. 196 Ariz. at 189-90 P4, 994 P.2d at 396-97.