When you think of kidnapping, you might think of a child who has been abducted and taken away from his or her parents. While that is one possible scenario that could be considered kidnapping, that isn’t the only type of kidnapping case. If you or someone you know is facing kidnapping charges, you should understand what this charge means.
Learning all you can is likely to help you if you are the person who is facing charges. The more knowledge you have, the better prepared you will likely be to get a defense strategy together.
A kidnapping charge occurs when a person is taken somewhere against their will. This can include keeping someone in a confined space when they don’t want to be controlled. The method for keeping the person against their will or moving them to another place doesn’t have to involve violence for a kidnapping to occur. In fact, actions like extortion that lead to taking a person or holding a person hostage can be considered kidnapping.
In some cases, it is even possible for parents to kidnap their own child. This would be the case if the parent doesn’t have a legal right to keep the child. An example of this is a non-custodial parent who refuses to return the child to the custodial parent within the court-ordered time frame. In this case, the parent could face charges of parental kidnapping.
There is also another charge that would apply for international parental kidnapping. If the child is taken out of the country illegally, that would be a federal crime.
Source: FindLaw, “Kidnapping,” accessed April 08, 2016