May 7

Child Abduction Laws Penal Code 278

Violent Crimes

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Child Abduction Laws

Child Abduction Laws is defined as taking or concealing the child of which you have no custody over, from their parents or guardians without their permission. Child Abduction Laws only applies if you took or hid a child with criminal intent and if you do not have legal custody over him or her. With criminal intent means that you took the child in order annoy the person or you intend to commit a crime. You are liable for kidnapping the child even if the child did not resist or refuse. Example of this would be if you had no legal custody over your children that an ex-wife watches over. You take them from the mother to go visit the grand canyon but did not tell the mother. Because of the mother not giving permission, child abduction can be charged, regardless of whether you are a legal guardian since you took and concealed the children from her.

Child Abduction

Punishments for Child Abduction Laws

Child Abduction is a wobbler which means it can be charged as a felony or a misdemeanor. The case can swing either way depending on the circumstance of the case and what happened, and criminal history. As a misdemeanor you can see a year in jail and up to a $1,000 fine. As a felony you can see a probation and a year of jail or up to four years in jail and up to a $10,000 dollar fine if the child was abducted if you had no custody over them. In either case you also have to repay the money on the victim’s behalf for any costs that it took to find and return the child. Some related offenses include deprivation of custody, kidnapping, false imprisonment, and contributing to the delinquency of a minor.

Child Abduction Laws can spiral out of hand. Make sure to hire an attorney that will handle the case and looks at the circumstances so they hand help reduce the consequences.

 

About the author 

Hieu Vu

“To the client, every angle is important, there’s a number of questions, and each person also have their own worries. Some will need a person to listen to them. At the end of the day, it’s more than just delivering legal results. I put a 110% into every person I work. I strive to make sure everyone knows what is going on and is kept in the loop as the case goes on. The practice of law is more than just getting the results in court.” -Hieu Vu

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