Movies often portray kidnapping in a monolithic way. There is this idea that kidnapping only involves a forceful and intense abduction. However, under the law, kidnapping can play out in a much less dramatic fashion, and still be considered a serious violation of the law. Discover some of the scenarios that often constitute as kidnapping.
Parents look at children as their possession, as it is the responsibility of a parent to safeguard, care for, and provide for their child. However, when there are child custody plans in place, you have to operate under the terms of the agreement. A violation of the agreement could constitute as kidnapping.
For example, assume the other parent has the children during the week, and you have the children on the weekends. If the agreement is that you bring the children to the other parent on Sunday evening by 6:00 pm and you don't show up, don't notify the other parent of a problem, and prevent the children from contacting the other parent — you could be engaging in parental kidnapping.
When it comes to runaway children, it's easy to blur the lines between being helpful and committing an illegal act. For instance, if your child came to you with a friend who had been kicked out of their home, as a parent you wouldn't want to see he or she outside on the streets, so you might take the child in.
Initially, you could be charged with harboring a runaway, provided you were not in direct discussion with the child's parent. However, if the child suddenly wanted to go home, but you thought it best they stay with you, and you didn't allow the child to leave or allow for contact with their parents, the scenario could turn into outright kidnapping.
Domestic confrontations are full of passion, which is one of the reasons they are so dangerous. People are often blinded by love and other emotions and make decisions they will later regret. In the event of a dispute where one partner won't let the other person leave the home and uses force to keep them inside, the law might label these actions as kidnapping.
Even if the aggressor is not physically touching the individual to keep them inside, but maybe they've taken their car keys or barricaded the door, their actions might still constitute kidnapping.
If you or a loved one has been charged with kidnapping, it's a serious matter. While your intentions might not have been criminally driven, you may still be in violation of the law. Contact a criminal defense attorney with experience in this matter for assistance with your case.