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  1. #1

    Default Is It Kidnapping to Pick Up a Minor Without Permission

    Texas

    Alright. So I am wondering about laws regarding kidnapping. If you pick up a minor without the consent of their parent and they stay with you for a week, what kind of trouble can you get in. I know that kidnapping is defined as taking a child AGAINST their will, but what trouble could you get in for picking them up if they wanted to be picked up. It's just their parents who don't want them to be picked up. I would also like to know what kind of punishments go along with the charges if you don't mind... Thanks in advance.

  2. #2
    panther10758 Guest

    Default Re: Kidnapping?

    Kidnapping, harboring a runaway are two that come to mind. Not a wise decision. Oh wait child endangerment, theres three real quick

  3. #3

    Default Re: Kidnapping?

    In Florida, law enforcement would most likely - at a minimum - charge you with "contributing to the delinquency of a minor" under FS Chapter 827.04 - which here is a first degree misdemeanor, (would theoretically land you in the county jail for 364 days and a $1,000 fine). Other charges could ensue depending on circumstances.

  4. #4

    Default Re: Kidnapping?

    How could it be kidnapping if it is not against their will? I am talking about Texas law, not Florida.

  5. #5
    panther10758 Guest

    Default Re: Kidnapping?

    Even if kidnapping is off the table other violations exist

    . Contributing
    . Harboring a runaway
    . Since this is a minor consent by minor may not apply and kidnapping could still be in possible

  6. #6
    Join Date
    Feb 2007
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    2,031

    Default Re: Kidnapping?

    Lets not forget any Sexual offenses if the OP is planning on doing the nasty with said minor...

  7. #7
    panther10758 Guest

    Default Re: Kidnapping?

    Very good point

  8. #8
    Join Date
    Mar 2005
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    Michigan
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    28,906

    Default Re: Kidnapping?

    Depending upon the age of the minor, consent may not be a defense:
    Quote Quoting Texas Penal Code § 20.01. Kidnapping and Unlawful Restraint - Definitions.
    In this chapter:
    (1) "Restrain" means to restrict a person's movements without consent, so as to interfere substantially with the person's liberty, by moving the person from one place to another or by confining the person. Restraint is "without consent" if it is accomplished by:
    (A) force, intimidation, or deception; or

    (B) any means, including acquiescence of the victim, if:
    (i) the victim is a child who is less than 14 years of age or an incompetent person and the parent, guardian, or person or institution acting in loco parentis has not acquiesced in the movement or confinement; or

    (ii) the victim is a child who is 14 years of age or older and younger than 17 years of age, the victim is taken outside of the state and outside a 120-mile radius from the victim's residence, and the parent, guardian, or person or institution acting in loco parentis has not acquiesced in the movement.
    (2) "Abduct" means to restrain a person with intent to prevent his liberation by:
    (A) secreting or holding him in a place where he is not likely to be found; or

    (B) using or threatening to use deadly force.
    (3) "Relative" means a parent or stepparent, ancestor, sibling, or uncle or aunt, including an adoptive relative of the same degree through marriage or adoption.

    (4) "Person" means an individual, corporation, or association.

    (5) Notwithstanding Section 1.07, "individual" means a human being who has been born and is alive.

  9. #9

    Default Re: Kidnapping?

    Quote Quoting aaron
    View Post
    (ii) the victim is a child who is 14 years of age or older and younger than 17 years of age, the victim is taken outside of the state and outside a 120-mile radius from the victim's residence, and the parent, guardian, or person or institution acting in loco parentis has not acquiesced in the movement.
    So does that mean if they are between 14 and 17 and stay within that 120 mile radius that you would not be charged with kidnapping?

  10. #10
    panther10758 Guest

    Default Re: Is It Kidnapping to Pick Up a Minor Without Permission

    That would not stop the other charges (and possibly others) previously mentioned

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