Keeping with the theme of crimes against person(s), the next
topic of discussion will be centered about kidnapping or the legal term
Abduction. Law Enforcement Officers deal with theses, but not on the regular
basis due to the severity of these types of crimes. Most people think of
kidnapping or Abduction when children are involved, however this type of
criminal act can be committed against a child or an adult.
Abduction is defined as the forcible action of restricting
the movement or taking of a person(s) without their consent. Hence, any action
to restrict the movement of someone or even not letting them leave after they
have expressed the desire to do so can be interpreted as Abduction. This
criminal act is always a felony, and enhanced if children are involved. In the
eyes of the law the definition of Abduction is very strict because the offense
carries a minimum of five (5) years, and can be adjudicated up to life
imprisonment.
The definition is pretty straight forward on this one,
however sometimes this offense can be committed without even knowing it.
Majority of the times that I have dealt with Abduction occurred during domestic
disputes. In addition, during misunderstandings concerning rights as a parent
to leave the state without permission from the other parent regarding the
child.
When it comes to convicting someone of Abduction, the burden
of proof is on the state to prove that the subject being charged knowingly
restricted the movement or placed the complaining person(s) someplace else
without their consent.
There are a variety of different types of Abduction, whether
it be by forcible movement, restriction of movement, extortion, or blackmail
via use of immigration papers. They all fall under the Abduction code section,
and carry the same weight in the eyes of the law.
The Act of Abduction…