Legal Definitions - child-kidnapping

Child-kidnapping refers to the unlawful taking, enticing away, or confining of a minor (a person under the age of legal majority, typically 18) from the custody of their parent or legal guardian, without the consent of that parent or guardian. This act often involves force, fraud, or coercion and is considered a serious felony. The core elements include the unlawful removal or restriction of a child's freedom and the deprivation of the lawful custodian's rights.

Here are some examples illustrating child-kidnapping:

• Example 1: Abduction by a Stranger

  A woman approaches a 6-year-old boy playing in his front yard, lures him into her car with promises of a new video game, and drives him to a different city, intending to raise him as her own child without his parents' knowledge or permission.

  This situation illustrates child-kidnapping because the woman unlawfully took the child from his home environment without the consent of his parents or guardians. She used deceit (the promise of a video game) to entice him, thereby depriving his lawful custodians of their parental rights and the child of his freedom.

• Example 2: Violation of Custody Order by a Parent

  A divorced father, who has court-ordered supervised visitation rights, takes his 4-year-old daughter during a visit and flees the state, refusing to return her to her mother, who has sole legal and physical custody according to a binding court order.

  Even though he is the child's biological parent, this action constitutes child-kidnapping. He unlawfully removed the child from the legal custody of her mother, directly violating a court-issued custody order. His actions deprive the custodial parent of her legal rights and the child of her lawful residence and care.

• Example 3: Abduction for Exploitation

  A group of individuals seizes a 10-year-old girl from a bus stop, transports her across state lines, and attempts to force her into a fraudulent adoption scheme or illegal labor.

  This is a clear case of child-kidnapping. The individuals unlawfully seized the child from her routine environment without any consent from her parents or guardians. Their intent to exploit her for criminal purposes, combined with the unlawful removal and confinement, fully meets the definition of child-kidnapping.