43
votes
Accepted
Is it kidnapping if I steal a car that happens to have a baby in it?
In colorado, it appears that the kidnapping statutes do not apply if the act is not "knowing" or if the perpetrator lacks intent.
§ 18-3-301
Any person who does any of the following acts ...
- 7,163
30
votes
Accepted
Is it considered kidnapping if an underaged teenager willingly goes with someone else without the permission of their parent or guardian?
canada
Summary
The child's will or consent is relevant to a plain kidnapping charge. The child's will or consent is not relevant to abduction charges.
This answer presents Canadian law for this body ...
- 72.8k
21
votes
Is it kidnapping if I steal a car that happens to have a baby in it?
In some jurisdictions, it would not be kidnapping until the offender knows that the baby was in the car. It would depend on the exact language of the criminal kidnapping statute in that jurisdiction ...
- 240k
15
votes
Is the forced detention of adult students by private universities legal?
canada
If this is accomplished by "coercive restraints" such that a person could not leave according to their own inclination and desire, then this would be the tort of false imprisonment ...
- 72.8k
13
votes
Is it considered kidnapping if an underaged teenager willingly goes with someone else without the permission of their parent or guardian?
washington
This is covered by a separate and less-severe criminal law, unlawful harboring of a minor. The basic element of the crime is
if the person provides shelter to a minor without the consent ...
- 217k
12
votes
Is it kidnapping if I steal a car that happens to have a baby in it?
Yes, in new-south-wales
The New South Wales Crimes Act 1900 says:
86 KIDNAPPING
(1) Basic offence A person who takes or detains a person, without the person's consent--
(1) ...
(a1) with the ...
- 227k
11
votes
What offences are made out by John Kramer's acts, if proved?
new-south-wales but all jurisdictions will have similar offenses.
Murder
Or attempted murder - we can take the attempt as given from now on.
Murder shall be taken to have been committed where the act ...
- 227k
11
votes
Can a surrogate be guilty of kidnapping?
british-columbia
Under the Family Law Act, s. 29, surrogacy refers to a situation in which a child is conceived through assisted reproduction and there is a surrogacy agreement made. But even where ...
- 72.8k
9
votes
Is it really an abduction if the protest or resistance ends before the "victim" is "released"?
Yes.
This is clearly kidnapping. It is probably not a terribly aggravated sub-type of kidnapping, but it is kidnapping nonetheless. It is probably a felony.
The fact that the victim does not press ...
- 240k
8
votes
Accepted
Is it a crime to shoot a kidnapper who is in the process of kidnapping your child?
What you are charged with - murder and the appropriate degree, manslaughter, felony assault or other crime - depends on the local or federal prosecutor (and possibly a grand jury), the jurisdiction ...
- 19k
7
votes
Is it considered kidnapping if an underaged teenager willingly goes with someone else without the permission of their parent or guardian?
Since the question is tagged united-states, criminal-law and not any other jurisdiction, the federal criminal laws on kidnapping are 18 USC chapter 55. As others have mentioned, each state has its ...
- 2,924
6
votes
Accepted
Who investigates the Kidnapped Sheriff?
Because kidnapping is a violation of state law, the Colorado Bureau of Investigation would have jurisdiction to investigate. Assuming the crime occurred in the sheriff's home county, the undersheriff ...
- 61.8k
5
votes
If your friend takes you against your will is it still Kidnapping
First degree kidnapping is abducting with various exploitative intents such as ransom, using as human shield, or messing with government function. Second degree kidnapping is any abduction, with an ...
- 217k
5
votes
Can a surrogate be guilty of kidnapping?
Not in germany for multiple reasons
Surrogacy is illegal in the first place. The contract for surrogacy is thus void and unenforceable in Germany. Acting as a placement agent for either a couple or a ...
- 45.2k
5
votes
Is the forced detention of adult students by private universities legal?
Providing there is no physical impediment, this is fine
Agreeing in a contract to do or not to do something is fine. If you then break that contract, you can open yourself up to consequences for ...
- 227k
4
votes
Accepted
Is it legal to pay a ransom?
In the UK, broadly speaking it is not illegal to pay a ransom.
However, there may be circumstances such that arranging or paying a ransom constitutes a terrorist financing offence - although a ...
- 19.4k
4
votes
Hypothetical invoving the Felony Murder rule and a violent crime intermeddled-upon by an un-involved murderer
In Washington state, RCW 9A.32.030(c) encodes the felony murder rule w.r.t. first degree murder:
(c) He or she commits or attempts to commit the crime of either (1)
robbery in the first or second ...
- 217k
4
votes
Child kidnap - Enforce return to country of origin of children visiting the USA
How I understand your question
You have asked about mechanisms to "ensure the return" or something that will "trigger a law-enforcement or legal action if the child does not leave the ...
- 72.8k
4
votes
Can a surrogate be guilty of kidnapping?
In the united-kingdom it depends on whether the intended parents are the legal parents.
At the birth of the child, the birth mother is the legal mother.
To become the legal parents, the intended ...
- 19.4k
3
votes
Will a bank give my money back if I'm coerced to give it to a criminal?
At least for the "ATM at gunpoint" case, the bank is required to reimburse all but $50, provided that you report the incident promptly.
Regulation E of the Consumer Finance Protection Bureau ...
- 31.1k
3
votes
Is taking an injured person to a hospital without their consent kidnapping?
It would depend very, very highly on the facts and circumstances. For a real brain-bender on that one, watch a movie called "10 Cloverfield Lane". (it's not what it first appears to be).
However you ...
3
votes
Is taking an injured person to a hospital without their consent kidnapping?
It may depend on jurisdiction, but as a general rule, one of the elements of committing a crime is intent/mens-rea/guilty mind. If they were attempting to help you and you were not in a state to ...
- 3,476
2
votes
Accepted
Is this considered Kidnapping under law?
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 ...
- 227k
2
votes
Accepted
Would a parent leaving their child at safe haven to avoid paying child support be guilty of a crime?
Child Abduction
new-south-wales Crimes Act 1900 s87
87 CHILD ABDUCTION
(1) A person who takes or detains a child with the intention of removing or keeping the child from the lawful control of any ...
- 227k
2
votes
Accepted
Is it legal to record audio using a phone if the phone has been stolen?
The recording-people-dilemma (in the US)
Your app is, in its core functionality, very much the same as a dictaphone or wiretap: it records people in its surroundings. Now, when is recording a person ...
- 45.2k
2
votes
Accepted
What are the possible penalties in portuguese law for kidnapping or false imprisonment?
The potential sentences are set forth in the Penal Code of Portugal at Articles 153 to 162. The statute for each offense sets forth a maximum penalty. The most serious offense of this type is ...
- 240k
2
votes
Is it a crime to shoot a kidnapper who is in the process of kidnapping your child?
Assuming the United States, the general rule is that Self-Defense extends to defense of others in similar situations and your immediate care. As your baby is your responsibility, you may protect the ...
- 23.2k
Only top scored, non community-wiki answers of a minimum length are eligible