Is It Kidnapping To Take A Sports Team To A Different Gym

[waynephillips]

My question involves criminal law for the state of Missouri. A man in our church has accused the school ( Christian School associated with the church of kidnapping. As of yet he has not made formal charges against us. I don't know if he will, or not. Here's what happened.
Our basketball team practices at the local elementary school. The school called to say that we could not used the gym that particular day. The coach decided to used the gym that we play our games in. This gym is about ten miles away, and outside the city limits. This man charges that taking his child (14) out of the city without his consent is criminal kidnapping. Is he correct?

[cyjeff]

I am not sure it would reach the standard of kidnapping, but it was certainly stupid and, perhaps, legally actionable.

Interference with custody jumps to mind.

There is a reason why parents sign permission slips before a field trip.

[aaron]

No, he's not.

1. A person commits the crime of kidnapping if he or she unlawfully removes another without his or her consent from the place where he or she is found or unlawfully confines another without his or her consent for a substantial period, for the purpose of

(1) Holding that person for ransom or reward, or for any other act to be performed or not performed for the return or release of that person; or

(2) Using the person as a shield or as a hostage; or

(3) Interfering with the performance of any governmental or political function; or

(4) Facilitating the commission of any felony or flight thereafter; or

(5) Inflicting physical injury on or terrorizing the victim or another.

2. Kidnapping is a class A felony unless committed under subdivision (4) or (5) of subsection 1 in which cases it is a class B felony.

(There's a separate statute for "child kidnapping", MRS 565.115, but that only applies when the child is below the age of 14. Were the child 13, the father would have a more compelling argument under that statute, although I doubt that a prosecutor would find that it applied.)

The reason for "Permission Slips" for field trips is primarily liability avoidance. I don't see how this would constitute "interference with custody", whatever that may be.

[cyjeff]

The reason for "Permission Slips" for field trips is primarily liability avoidance. I don't see how this would constitute "interference with custody", whatever that may be.

Notice I said legally actionable... as in either criminal or civil.

Interference with custody--penalty.
565.150. 1. A person commits the crime of interference with custody if, knowing that he has no legal right to do so, he takes or entices from legal custody any person entrusted by order of a court to the custody of another person or institution.

2. Interference with custody is a class A misdemeanor unless the person taken or enticed away from legal custody is removed from this state, detained in another state or concealed, in which case it is a class D felony.

[aaron]

That, of course, would have no possible application under the described facts.

[waynephillips]

Is a civil suit against the coach or church possible

[aaron]

Anything is possible. To file a lawsuit, all you need to do is type up a complaint, file it with a court, and pay a filing fee. I'm not seeing, from what you wrote, what the damages would be. Why, exactly, is the guy so angry - is it that he showed up for practice or to pick his kid up from practice, and his kid wasn't there? And have you considered simply apologizing?

[cyjeff]

That, of course, would have no possible application under the described facts.

the footnote to the statute

(1984) "Takes...from lawful custody" is construed to include unlawful retention of any person following a period of temporary lawful custody. State v. Edmisten (Mo.App.), 674 S.W.2d 576.

Granted, the case noted was from one parent to another, but any time that any person has the child in a place where the custodial parent or guardian isn't aware, we are on thin ice.

I am researching case law as we speak.

[aaron]

Not under that statute.

[cdwjava]

Also note that the section you cited, Cyjeff, requires the taker to transport the child to practice elsewhere "knowing that he has no legal right to do so". The child had been given over to the care and custody of the coach for that limited time frame, so unless the coach KNEW he had no right to take the kids to another location, I don't see that a crime or a tort exists.

If I were the parent, I might be miffed that this happened, but this is NOT a criminal matter, and I can't see that anything would come from a civil suit unless the child was injured as a result of the coach's actions.

I have a 14-year-old son who plays sports, and I might have a talk with the coach if this happened, but I wouldn't be threatening civil or criminal action as there appears to be no intent to do anything unlawful or dangerous.

- Carl