Kidnapping

When people hear the word “kidnapping,” they often imagine strangers coaxing children into their cars, stealthily snatching them away, or sneaking into homes under cover of darkness. While these scenarios do occur, the majority of kidnappings are actually perpetrated by non-custodial parents who violate custody agreements or become embroiled in other 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.

Kidnapping Definition

In Pennsylvania, there are various laws that outline the crime of kidnapping and multiple ways in which an individual can be found guilty of this charge.

Kidnapping

Kidnapping takes place when a person unlawfully confines someone else in an isolated location for a significant duration or when a person removes someone else a “substantial distance under the circumstances” from where they were initially found. The intent behind the 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 occurs 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 circumstances 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.

Kidnapping Penalties

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 is crucial to bear in mind that kidnapping charges can have unforeseen consequences in family court, as they often involve violations of custodial agreements.

Kidnapping Charge Defenses

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 remain with their preferred parent, thereby breaking the custody agreement. Additionally, a parent may claim that they removed 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 itself.

Kidnapping Examples

When it comes to kidnapping charges, various circumstances can be considered. 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.