The accused may contest a second-degree abduction charge using the following general defences: consent of the victim, the victim`s parents or the victim`s legal guardian. Other defences may include lack of intent, legitimate purpose of restriction, legal justification or excuse, legal authority, etc. You could also be charged with criminal restraint under section 14-43.3 of the SGNC if, without the consent of your child`s other parent, you unlawfully restrained your child under the age of 20 and transported your child in a vehicle or other means of transportation such as a train or bus. This is a lesser offence of kidnapping and a Class F felony. While criminal cases like this are rare, it`s always possible, so think carefully before you act. If your child was removed without your permission, there may have been an abduction. However, each situation is different and may depend on whether there is a breach of custody, whether the children have been hidden and whether the parents are married or whether paternity has been established. In this situation, it is in your best interest to contact an experienced lawyer, a law enforcement agency, or both. If you are facing a situation where you have your child with you, if the other parent says you shouldn`t, or if the other parent has taken your child against a court order, you should immediately contact an experienced custody lawyer. Attorney Jonathan Breeden is here to listen to your situation and advise you on whether or not you are dealing with a parental abduction in North Carolina. We will carefully analyze the discovery request, review the police investigation and witness statements, and ensure that it was done correctly and is lawful. (a) Any person who unlawfully detains, ties up or moves from one place to another another another person over 16 years of age without his consent, or another person under 16 years of age without the consent of his parents or legal guardian, is guilty of abduction if such detention, detention or removal serves the following purposes: Kidnapping in North Carolina is a common law offense, meaning the roots of the law come from England. Years ago, kidnappings were more frequent than they are today.
If you unlawfully detain someone under the age of 16 or transfer them from one place to another without their consent or that of their parents, you have committed a kidnapping. If you release the person to a safe place without causing serious injury or sexual assault, the charge is second degree. If you do not release the person to a safe place or if serious injury or sexual assault occurs, the crime will be charged with first-degree kidnapping. If you have been charged with violating North Carolina`s kidnapping laws, you should acknowledge the seriousness of the allegations and consider speaking to a defense attorney. A lawyer understands how the law relates to your specific case and can evaluate your options. Take a first step by contacting a local criminal defense lawyer. (b) There are two degrees of removal as defined in subparagraph (a). If the abducted person was not released by the accused to a place of safety or was seriously injured or sexually assaulted, the crime is first-degree abduction and is punishable as a Class C felony. If the abducted person was released by the accused to a safe place and was not seriously injured or sexually assaulted, the crime is second-degree abduction and is punishable as a Class E felony. These cases are no joke. If someone accuses you of kidnapping, get a lawyer. Allegations of kidnapping in North Carolina can do more than just destroy your reputation or livelihood.
If convicted, the maximum prison sentence is 231 months. Parental abduction in North Carolina is rarely the scary situation you imagine. At Breeden`s law firm, we often see parental abductions happen due to a parent`s fear for their future relationship with their child or fear for the child`s safety in another home. Parental abduction often occurs when one parent refuses to hand over their child to the other parent when it is their turn. You may have picked up your son or daughter from your home for a weekend and then decided not to take them back to their other mom or dad. To enroll your child in the program, you must complete the application form, provide proof of your identity (a photocopy of your driver`s license or other identification card) and submit a photocopy of your child`s birth certificate or other documents to show that you are the child`s parent or guardian. If you have been charged with parental abduction, there are several options the other parent can take. Your child`s other parent may be able to file a contempt of family court application if you have violated a custody order.
Maybe it`s because you believe the other house isn`t safe. No matter how worried you are about not turning your child back if you are legally required to do so, you could backfire. Unfortunately, parental abduction can also be more sinister. Your child`s other parent could have picked up your child and taken them out of town. This creates a serious and immediate situation where you need the help of an experienced custody lawyer. Parental abduction can occur when a parent decides to spend a spontaneous and special day with their child. Maybe your child`s other parent has decided to pull your son or daughter out of school to play Hooky and watch a movie. The North Carolina Criminal Kidnapping Act is defined in the North Carolina General Act (NCGS) §14-39. It states that anyone who detains or deports a person 20 years of age or older without that person`s consent, or minors under the age of 16 without parental consent, is guilty of kidnapping if it is for the purpose of: ** There are two degrees of abduction in North Carolina. If the defendant does not release the victim to safety, or if the victim is seriously injured as a result of the abduction, or if the defendant sexually abuses the victim, this is considered first-degree abduction in North Carolina. If the abducted person is released by the defendant to a safe place, has not sustained serious injury, and has not been sexually assaulted, such charges would normally be considered second-degree abduction in North Carolina. (c) Any business or entity convicted of kidnapping and kidnapping shall be liable to a fine of not less than five thousand dollars ($5,000) and not more than one hundred thousand dollars ($100,000), and its charter and right to do business in the State of North Carolina shall be forfeited.
When people think of abduction in the traditional sense, they may think of someone kidnapping a child or another person. You may even think it`s holding someone hostage or demanding a ransom. The most basic example is when there is a custody order that requires you and your child`s other parent to retain physical custody. In addition, your right to have your child with you may be limited due to an injunction, an investigation by the Department of Social Services (DSS) or termination of your parental rights. If you take your child with you, if you are not eligible, you could be charged with parental abduction in North Carolina. The following table provides a summary of North Carolina`s kidnapping laws, including links to key sections of the code. Parental abduction in North Carolina can also lead the other parent to call the police. If your child was not injured, you can be charged with second-degree abduction, which is a Class E felony. As you can see, there are many things the state MUST prove to convict you of kidnapping. And to prove it, they must have EVIDENCE to back it up! Evidence beyond a reasonable doubt! The accused picks up a child at random from an apartment complex in Charlotte and takes him home. The victim is a minor child aged 12. The defendant does not have the legal authority or authorization to take the child.
A yellow alert is issued in Mecklenburg County for the missing child. The accused took the child safely to a local store a few days later. The child is not injured. The child is not sexually abused. The defendant can be charged with second-degree kidnapping in North Carolina, a Class E offense. Without a prescription, you do not commit parental abduction by keeping your child longer than you consented. Your child`s other parent would not commit parental abduction by pulling your child out of school for a day without telling you first. In North Carolina, there are two types or degrees of abduction.
This might surprise you. Under North Carolina law (N.C. Gen. § 14 to 39), kidnapping is the crime of taking a person from one place to another against his will if it is carried out for the purpose of extorting ransom, promoting another crime or fleeing after committing a crime, if the person is injured or detained for sexual reasons.