Kidnapping

When the term “kidnapping” comes up, people often picture strangers luring children into vehicles or sneaking into homes at night. While these situations do occur, most kidnappings are actually carried out by non-custodial parents who breach custody agreements or get involved in family disputes. These parents might believe they can provide better care for their kids, but by defying custody orders, they risk facing kidnapping charges or similar offenses.

Definition of Kidnapping

In Pennsylvania, the law defines kidnapping in various ways, outlining multiple scenarios where someone can be guilty of this crime.

What Constitutes Kidnapping

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

• To obstruct government or public officials from doing their jobs.
• To hold the person for ransom or reward.
• To intimidate the victim or others, or to inflict physical harm.
• To aid in escaping from or committing a felony.

Kidnapping under these conditions is classified as a first-degree felony.

Unlawful Restraint

Unlawful restraint involves situations where a person:

• Holds someone against their will, putting them in involuntary servitude.
• Prevents another person from leaving when there is a substantial risk of serious injury.

When these acts involve an adult, they are considered first-degree misdemeanors. However, if a minor is involved, the charges are elevated to second-degree felonies.

Interference With Custody of Children

Interfering with a child’s custody is one of the most frequent forms of kidnapping. It happens when an individual recklessly or knowingly takes or entices a minor under 18 away from their parent, legal guardian, or other lawful custodian.

The seriousness of this offense depends on whether the perpetrator was aware their actions would cause grave concern and alarm for the child’s safety. Initially, this charge is a third-degree felony, but if the offender knows the potential harm, it escalates to a second-degree felony.

Certain situations 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

Penalties for kidnapping vary based on the offense’s severity and specific circumstances.

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

It’s important to remember that kidnapping charges can lead to unexpected repercussions in family court, often involving custodial agreement violations.

Defenses Against Kidnapping Charges

Kidnapping charges often stem from complicated scenarios, but they can be contested. For instance, a defense might argue that the person did not violate a custody order. Children sometimes prefer one parent over another and might try to stay with the preferred parent, inadvertently breaking the custody agreement. Additionally, a parent might claim they took their child from the custodial parent due to concerns about abuse or drug-related issues. In many instances, prioritizing the child’s safety outweighs any breach of the custody agreement itself.

Examples of Kidnapping

Kidnapping charges can arise from various situations, such as:

• Denying a parent access to their child.
• Taking a child from a parent they don’t know and transporting them to a different state.
• Violating a joint custody arrangement for more than 24 hours.
• Removing your own child from the parent with primary custody.

It’s crucial to recognize that not every case falls neatly into the category of kidnapping. These charges often emerge from intricate circumstances.

For a complimentary consultation with a Kittanning criminal attorney, I invite you to visit my Logue Law Group to discuss all your options. Reach out to me at 844.PITT.DUI or contact me online. My team and I proudly serve Kittanning, its surrounding communities, Ohio, and West Virginia.