Kidnapping is a serious matter, carrying with it felony charges. According to California Penal Code Section 277, kidnapping is defined as the unwanted taking, enticing away, concealing or otherwise removing someone against their will, or the will of their parent/guardian, and is punishable by up to one year in a county jail and up to three or four years in a state prison. Both of these carry with them fines of between $1,000 and $10,000.
Kidnapping can be specifically in reference to a child, however it can also refer to the malicious taking of an adult against their will. Kidnapping charges may bring with it other charges regarding endangering a minor and others. Jury's also may be more willing bring a harsh punishment against an individual accused of kidnapping a minor.
One of the challenges involving kidnapping is the possibility of child custody battles which at times are involved in these types of accusations. If a couple is divorcing and the court has to grant custody, this can greatly complicate a kidnapping case as the courts will have to decide which parent has the right to custody at which time and so forth.
Like most predatory crimes, this is one that knows no bounds. For example, at a Los Angeles middle school, a 13-year-old girl was kidnapped by an assistant principle and sexually assaulted her. It was a shame that in a place like a public school, where parents trust teachers and administrators to protect their children, a predator such as this would stalk a victim. In fact, at a Los Angeles synagogue last year, a 28-year-old man was arrested for kidnapping a girl of only 7 with the intent to molest her.
However, in the matters involving child custody, the issues are much less about a predator seeking to hurt a minor and more about a battle within a divorce, or a parent coming into a confrontation with the law/judge. While there has been some federal legislation regarding the kidnapping of children by family members, this is often an issue that needs common sense by all members involved.
Parents who feel they are at the end of their rope, or spouses who are furious with their current or former partners, should take the following things to heart:
- California courts take the issue of protecting minors very seriously, so while you may think you have the child's best at heart, be aware that a court may have a very different perspective.
Consulting your attorney before you do something drastic is not only a good idea, it is a safe idea.
Courts have been known to favor a woman in child custody matters, so men who feel their wives/significant others are causing the children harm will seriously want to consider such matters.
