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Kidnapping is a serious crime in the US, with severity of punishment depending on the circumstances. Kidnapping a child under 13 can result in life imprisonment, and false incarceration is also illegal. Parental abduction charges can arise from abusive or spiteful behavior, but abused spouses may be protected by law.
Kidnapping charges arise from the unlawful kidnapping of a person taken against their will, often by force. It is a crime that is usually classified as a criminal offense in the United States. The severity of the punishment depends on the circumstances surrounding the crime. More severe penalties can be imposed when the victim is a minor, elderly or disabled. If the abducted individual was abused, exploited, terrorized, injured or killed, criminal charges can carry a life sentence. In some jurisdictions, the punishment may be death.
In the United States, a person who kidnaps a child under the age of 13 can usually be charged with a felony in the first degree if there are aggravating circumstances associated with the crime. Sometimes, an offender will use the child as leverage to collect ransom money from a wealthy family. Other times, she may exploit, terrorize, or abuse the child. This is a serious crime that can be punished with life imprisonment.
Other types of kidnapping charges include false incarceration. Regardless of a person’s age, detaining someone without their consent is against the law. An offender is usually not allowed to use the defense that a minor child has voluntarily accepted, even if that were the case. This is because a child under the age of 13 is not of legal age to consent.
If a parent or guardian does not give permission for the confinement, the offender can be arrested for kidnapping. This is a serious crime with serious consequences. If the defendant is found guilty of false detention while committing other crimes – such as lewd and lewd behavior, sexual battery or child abuse – the sentence can be exponentially worse.
Parental abduction charges can arise from the act of one parent taking their child for the purpose of escaping or injuring the other parent. In some cases, a parent can be abusive. He or she can kidnap the child to cause further harm. Sometimes, this occurs in the midst of a divorce when one spouse acts spitefully.
In an attempt to intentionally hurt the other emotionally, one parent may unlawfully remove the child from the other parent’s custody. In some cases, the parent removes the child from the family home for the purpose of hiding in another jurisdiction. It also sometimes happens when a parent is angry about a family court ruling that is not in her favor.
On the other hand, an abused spouse may kidnap his child to escape from the parent who is harming him. When this happens, it is usually an abused victim trying to escape a family situation of abuse. In the United States, however, there are some laws designed to protect abused individuals. It is usually necessary to contact the authorities and notify them of the situation shortly after the incident to avoid a kidnapping charge. The child’s willingness to flee is considered tacit consent when the purpose is to remove the child from imminent danger.
