Kidnapping

Understanding Kidnapping

When people hear “kidnapping,” they often picture strangers luring children into cars or stealthily taking them away. While these scenarios do happen, most kidnappings are perpetrated by non-custodial parents who violate custody agreements or get involved in family disputes. These parents often believe they can provide better care for their children, but by defying a custody order, they risk facing charges of kidnapping or related offenses.

Definition of Kidnapping in Pennsylvania

Pennsylvania has various laws outlining the crime of kidnapping, offering multiple ways an individual can be found guilty of this charge.

Kidnapping

Kidnapping occurs when a person unlawfully confines someone else in an isolated location for a significant period or moves them a “substantial distance under the circumstances” from where they were initially found. The intent behind this act falls into one of these categories:

• To hinder government or public officials from fulfilling their duties.
• To hold the person for reward or ransom.
• To instill fear in the victim or others or to cause physical harm.
• To aid in fleeing from or engaging in a felony.

Under these circumstances, kidnapping is classified as a first-degree felony.

Unlawful Restraint

Unlawful restraint happens when someone does any of the following:

• Holds another person against their will in a state of involuntary servitude.
• Prevents someone from leaving a situation where they face a substantial risk of serious injury.

When these acts are committed against an adult, they are classified as first-degree misdemeanors. However, when they involve a minor, the charges escalate to second-degree felonies.

Interference With Custody of Children

Interfering with the custody of children is one of the most common forms of kidnapping. It occurs when a person recklessly or knowingly entices or takes a minor under the age of 18 away from their parent, legal guardian, or other lawful custodian.

The severity of this offense depends on whether the offender knew their actions would cause serious concern and alarm for the child’s safety. By default, this charge is a third-degree felony. However, if the offender was aware of the potential harm they were causing, it becomes a second-degree felony.

Certain conditions can elevate the charge to a second-degree felony:

• The defendant has visitation rights or partial custody.
• The defendant had the child for less than 24 hours.
• The defendant had “good cause” for their actions.

Penalties for Kidnapping

The penalties for kidnapping vary depending on the severity of the offense and the specific circumstances involved.

• First-degree felony: Fines of up to $20,000 and prison terms of up to 20 years.
• Second-degree felony: Fines of up to $25,000 and prison terms of up to 10 years.
• Second-degree misdemeanor: Fines of up to $5,000 and prison terms of up to 2 years.

It’s crucial to remember that kidnapping charges can have unforeseen consequences in family court, especially when they involve violations of custodial agreements.

Defending Against Kidnapping Charges

Kidnapping charges arise from complex situations, but they can be challenged. For instance, one defense could be that the person was not acting in violation of a custody order. Children often have preferences for one parent over the other and may attempt to stay with their preferred parent, thereby breaking the custody agreement. Additionally, a parent may claim that they took their child from the custodial parent due to abuse or drug-related concerns. In many cases, the paramount concern for the child’s safety outweighs any violation of the custody agreement.

Examples of Kidnapping

Various circumstances can lead to kidnapping charges. Some examples include:

• Preventing a parent from having access to their child.
• Taking a child away from a parent they are unfamiliar with and transporting them to a different state.
• Violating a joint custody agreement for more than 24 hours.
• Taking your own child away from the parent who has primary custody.

It’s important to note that not every case is a clearly defined kidnapping case. These charges often arise from complex situations.

 At Logue Law Group, our Greensburg criminal lawyer is here to assist you during this challenging time. Contact us today (844) 748-8384 to schedule a free consultation and take the first step towards resolving your situation.