Chapter 29: Kidnapping Flashcards
-knowingly or recklessly takes or entices any child under the age of 18 years from the custody of its parent, guardian or other lawful custodian, when he has no privilege to do so
DEFENSES
- the actor believed that his action was necessary to preserve the child from danger to its welfare; OR
- the child, not less than 14 years old, was taken away at its own instigation without enticement AND without purpose to commit a criminal offense with or against the child; OR
- the actor is the child’s parent, guardian or other lawful custodian AND is not acting contrary to an order entered by a court of competent jurisdiction
2904: Interference with custody of children
M.2= the actor acted with good cause for a period of time not in excess of 24 hours; AND
- (i) the victim child is the subject of a valid order of custody issued by a court of this Commonwealth;
- (ii) the actor has been given either partial custody or visitation rights under said order; AND
- (iii) the actor is a resident of this Commonwealth and does not remove the child from the Commonwealth
F.2= the actor, not being a parent or person in equivalent relation to the child, acted with knowledge that his conduct would cause serious alarm for the safety of the child, or in reckless disregard of a likelihood of causing such alarm
F.3= Otherwise the offense is an F.3
- knowingly
- restrains another (unlawfully) in circumstances exposing him to risk of Serious Bodily Injury; or
- holds another in a condition of involuntary servitude
2902: Unlawful Restraint
M.1
F.2= if victim is less than 18y/o
- knowingly/recklessly
- takes, or entices any committed person
- away from lawful custody
- when he/she is not privileged to do so
Committed Person= anyone committed by judicial warrant; any orphan, neglected/delinquet child, mentally disabled person, or other incapacitated person entrusted to the custody of another by or through social agency or authority of law
2905: Interference w/ custody of committed person
M.2
-person other than family or intermediary of family, of a person held for ransom:
- knowingly
- receives, retains, or disposes of:
- any money/property of another
- knowing that the money/property constitutes a ransom, or has reason to belive so
2907: Disposition of Ransom
F.3
- removes, caused to be removed, or prevents a child from from returning to the child’s known place of residence
- w/ intent to conceal the child’s whereabouts from the child’s parent or guardian
- unless concealment is authorized by court order or is a reasonable response to domestic violence or child abuse
2909: Concealment of whereabouts of a child
F.3
- knowingly
- restrains another unlawfully
- so as to interfere substantially w/ his liberty
2903: Fale imprisonment
M.2
F.2= if victim is less than 18y/o
- unlawfully removes another person a substantial distance under the circumstances from the place where he is found; OR
- unlawfully confines another for a substantial period in a place of isolation w/ intent:
- to hold for ransom/reward, or as a sield/hostage
- facilitate commission of any felony or flight thereafter
- to inflict bodily injury or to terrorize the victim or another
- to interfere w/ performace by public officials of any gov’t or political function
2901: Kidnapping
F.1
removal or confinement is unlawful within the meaning of this section if it is accomplished by force, threat or deception, or,
in the case of a person who is under the age of 14 years or an incapacitated person, if it is accomplished without the consent of a parent, guardian or other person responsible for general supervision of his welfare
- unless circumstances reasonably indicate that the child is in need of assistance:
- lures, or attempts to lure
- a child into a motor vehicle or structure
- w/o consent (expressed or implied) of the childs parent/guardian
Vehilce= Every self-propelled device in, upon or by which any person or property is or may be transported or drawn on a public highway
Structure= A house, apartment building, shop, warehouse, barn, building, vessel, railroad car, cargo container, house car, trailer, trailer coach, camper, mine, floating home or other enclosed structure capable of holding a child, which is not open to the general public
2910: Luring a Child into a Motor Vehicle or Structure
M.1
Defense= luring was for a lawful purpose
-w/ intent to unlawfully restrict the freedom of action of another, to their detriment, threatens to:
- commit any criminal offense
- accuse anyone of a criminal offense
- expose any secret tending to subject any person to hatred, contempt, or ridicule
- take/withhold action as an official
Defense (2)(3)(4): believed the accusation/secret to be true and intent was limited to compelling other to behave in an appropriate manner
2906: Criminal Coercion
M.2
M.1= threat is to commit a felony/intent of actor is felonious
