Kidnapping Statute of Limitations

[jbrinkley77]

My question involves criminal law for the state of: Michigan

Hi all-

I'm writing a story and am trying to concoct a realistic/accurate scenario in which a kidnapping which had occurred in the early 70s, in which the perpetrator was never identified, could now not be charged when the story takes place - in the early 90s.

Through some research I've think I've found that Michigan statue of limitations laws could allow for this, but I'm unsure if I'm interpreting this correctly:

1. http://www.legislature.mi.gov/(S(bd5...ame=mcl-767-24

4a says that kidnapping charges must be files within 10 years of the offense.
4b qualifies this with a 2013 law called Brandon D'Annunzio's law...

2. http://www.nicholslawyers.com/In-The...w#.VYb9DlVVhHw

...which says that if charges are files within 1 year of the offense and the name of the offender is not known, then charges can filed once the offenders name is known, even if 10 years have passed.

Which leads me to believe that prior to 2013, the SOL period would be 10 years for kidnapping if the perpetrator never had crossed state lines (turning it into a federal offense).

Does this check out?

Thanks!

[cdwjava]

There are other circumstances that can extend the SOL such as the ongoing commission of the crime, fleeing the jurisdiction, etc. There are also federal statutes that might apply, statutes in other states if the suspect traveled there with the victim, ad nauseum. Realistically, a kidnapper is not likely to simply be able to wait it out and hope for the best. It also depends, specifically, on the nature of the abduction. Was it a parental abduction due to allegations of abuse? Was it a kidnapping for sex? Revenge? There are a host of variables here.

If you want to get a very definitive legal answer as to the particular scenario you want to lay out, you might consider speaking with an attorney, and/or a prosecutor to get the various perspectives and possibilities, and perhaps a police detective that works in this field as well.