A person convicted of kidnapping in the first degree is guilty of a category A felony and shall be punished: 1. Where the kidnapped person suffers substantial bodily harm during the act of kidnapping or the subsequent detention and confinement or in attempted escape or escape therefrom, by imprisonment in the state prison: (a) For life without the possibility of parole; (b) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 15 years has been served; or (c) For a definite term of 40 years, with eligibility for parole beginning when a minimum of 15 years has been served. 2. Where the kidnapped person suffers no substantial bodily harm as a result of the kidnapping, by imprisonment in the state prison: (a) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 5 years has been served; or (b) For a definite term of 15 years, with eligibility for parole beginning when a minimum of 5 years has been served.
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