Legal Definitions - abduction

Abduction refers to the unlawful act of taking or leading away a person without their consent, typically achieved through means of persuasion, deception, or force. While often confused with kidnapping, abduction can be a broader term, encompassing situations where someone is taken away through trickery or manipulation, not just overt physical force.

The precise legal definition of abduction can vary significantly depending on the jurisdiction. Some laws may specify that the victim must be a minor or a vulnerable adult, or that the abductor must have a particular harmful intent, such as forced marriage, exploitation, or trafficking. It also includes specific categories like "parental abduction," where a parent unlawfully takes their own child, often during custody disputes.

Here are some examples illustrating the concept of abduction:

• Example 1: Deception of a Vulnerable Adult

  An individual, posing as a social worker, convinces an elderly person living alone, who has mild cognitive impairment, that they need to accompany them immediately to a "new, safer facility" due to an emergency. The individual then drives the elderly person to a remote location, intending to isolate them and gain control over their financial assets.

  This illustrates abduction through deception, targeting a vulnerable adult, and with a clear intent to exploit. The elderly person is taken without their true informed consent, based on false pretenses.

• Example 2: Persuasion of a Minor

  A charismatic adult meets a 16-year-old online and persuades them to leave their home and travel several states away, promising a glamorous new life and opportunities in the entertainment industry. The adult knows the teenager's parents would never consent and actively conceals the teenager's whereabouts from their family and law enforcement.

  This demonstrates abduction using persuasion and manipulation, involving a minor who is taken without parental consent and concealed from those lawfully entitled to their charge. The adult's actions deprive the parents of their legal custody.

• Example 3: Parental Abduction During Custody Dispute

  During a heated divorce proceeding, before any formal custody orders are in place, one parent arrives at their child's daycare, removes the child against the daycare's policy and the other parent's wishes, and then flees to another country, cutting off all communication with the co-parent and the authorities.

  This is an example of parental abduction, where a parent unlawfully takes and conceals their child from the other parent and the legal system, thereby depriving the other parent of their right to charge of the child, even if no physical force was used against the child directly.