Okay so the title is questionable but hopefully intriguing. I am not a man of law so I do not know, anyways. Prom is coming up, my friend has a girlfriend 2 hours north of where we live and he wants to go to prom with her. The issue: The parents don't like them dating for a reason irrelevant to this. Anyways, we thought it would be a good idea if I took him up to go to prom with her(He is paying me for gas and time) but if the parents called the police and reported their child missing and I get caught with him(Keep in mind, the person I am taking is in full consent but is under the age of 18 and I am 18. We both go to the same highschool). Can I be charged with Kidnapping? I am asking as this is the worst case scenario I can think of as a consequence.
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2Is this in the USA? If so, in what state? If not, where?– phoogCommented Feb 19, 2019 at 8:45
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US, Indiana2320– Captain CabooseCommented Feb 19, 2019 at 17:07
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1 Answer
The NSW Crimes Act 1900 s86 deals with kidnapping.
86 Kidnapping
(1) Basic offence A person who takes or detains a person, without the person's consent:
(a) with the intention of holding the person to ransom, or
(a1) with the intention of committing a serious indictable offence, or
(b) with the intention of obtaining any other advantage,
You would fall under subclause (b) but you have her consent so that’s fine. Except:
(5) A person who takes or detains a child is to be treated as acting without the consent of the child.
As she is a child (under 18) she can’t give consent.
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1@CaptainCaboose the law cited in this answer applies in one state of Australia, so therefore not to you. The Indiana kidnapping law does not mention "consent," but does mention "enticement," which it does not define. I suspect it would be necessary to look at case law to see how the courts have interpreted the statute.– phoogCommented Feb 19, 2019 at 17:57