THE ACT OF ABDUCTION...

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…