Kidnapping children is a serious offense committed by strangers for the greed of extracting hefty money from their parents. If you read newspapers or watch television news, then you daily come to know about the incidents of kidnapping in Missouri. But today we are going to discuss another angle of kidnapping that you might not be much familiar with.
The kidnapping of innocent kids is commonly known by us all. But that does not mean the ones who are behind the abduction are always strangers. There can be known people behind this foul play also. More shockingly, it can turn out even a parent. You must know that parental kidnapping in Missouri comes under a serious crime.
Taking a child from the street is not a child’s play
Taking a child from the street is not as easy as it seems. Hence, it is very essential to grasp the main facts about what actually is parental kidnapping, and how to manage it. The fact is how to face off with another parent who is behind the abduction of your child. This really becomes a very panicking situation. This is why we have come up with the topic of laws of Missouri parental kidnapping. So let us begin our exploration with:
Missouri Parental Laws: What do they say?
When it comes to Missouri parental laws, then first we need to understand the basic meaning of it. This is applicable to the kidnapping of a child by someone not in relation to your family. In other words, we can also say it is a parental kidnapping, wherein, any parent entices a child with the intention of depriving the right of custody of another parent or individual. The intention here is to deprive the latter of the right.
In this case, 2 laws are applied. The first one is parental kidnapping, and the second one is custodial intrusion. Even though the latter case is not a bigger offense, still, the person would be charged with a felony, in case he takes the child and leaves Missouri. If you want to put a charge on someone for the offense of parental kidnapping, then better consult an expert to help you out. He will brief you about the knowledge that you must be familiar with. And believe it, half of your stress will be put to rest after getting expert advice.
Will it be still called kidnapping, even if it is your child?
Missouri law is applicable when the child is under 18 years of age. And yes you will be charged for the kidnapping of your child despite having the right of custody over him/her. And it is also applicable in vice versa or if you have crossed the limit of custody rights. Explaining with an example, if you take a child and do not give it back to his/her legal guardian post the visit, then the law of Missouri will be applied to you. Then having the custody rights or not won’t matter at all.
Custodial intrusion
This is the second offense under Missouri’s parental kidnapping law. The charge of custodial interference is applied when a person who doesn’t have custodial right from the law but disrupts it with the help of any institution or some other person, then he/she will be charged with custodial intervention. It follows after a parental breakup.
Although custodial interference is not taken into much serious offense, still, there are few penalties that would be applied if found guilty. It all depends upon the involvement of elements in the case. The punishment can make one face a jail term of 1 year and a fine of $2000. A case of a felony will be applied in case the child is taken to some other outer state by a person.
In case you held someone responsible for the intrusion of custodial rights, then you might have to take professional help in handling the case. The professional charitable organizations that have been left behind by parents can be of great help in making your case strong and can let you gain back your child.
Punishment of being charged with Missouri parental kidnapping
Parental kidnappings come under serious criminal offenses. A person charged with a felony will be put behind bars for 1 year. In this case, he will serve a jail term in federal prison, not in the country jail. Witnessing the rising cases of kidnapping of children, the US government has taken the parental kidnapping matter seriously. Parental kidnapping itself comes under the class E felony category, which can result in imprisonment of the person of four years.
Now the punishment given in the case of parental kidnapping depends upon the number of days. Like, say, if a child is kidnapped by a person that exceeds sixty days, and a minimum than a hundred and ninety days, then it will come under a class D felony. The punishment for his offense will result in imprisonment for fifteen years and a term of up to five years.
Those who do not fear laws and commit crimes on a daily basis will be called habitual offenders. They would face harsher punishment under ‘three-strike laws’. If the person has a past criminal record and is convicted under the third face, will be charged with higher penalties from the federal and state governments.
It is much applicable to history sheeters having a previous long track record of child kidnapping. They face long-term, mostly life imprisonment. And these laws are made to protect people from these frequent criminals. Now let us give you some brief about legal defenses in Missouri parental laws, to prove you are innocent. Here are they:
Legal defenses to prove your innocence
- One needs to prove to flee from domestic violence, then the case of parental kidnapping would become lighter on them.
- In case of failure to give back the child to the legal guardian in a specified time, but had the right to make visits to the child.
- Failure to return a child due to adverse conditions, beyond one’s ability.
- Proving the attempt to notify the legal custodians within 24-hours in taking the child.