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Parental Kidnapping Laws

Lack of consent in kidnapping and crimes involving restraint.

565.100.

1. It is an element of the offenses described in sections 565.110 through 565.130 of this chapter that the confinement, movement or restraint be committed without the consent of the victim.

2. Lack of consent results from:

(1) Forcible compulsion; or

(2) Incapacity to consent.

3. A person is deemed incapable of consent if he is

(1) Less than fourteen years old; or

(2) Incapacitated. (L. 1977 S.B. 60)

Effective 1-1-79
(1981) Statute defining offense of harassment was not unconstitutionally vague, and was not overbroad and did not deny due process.

State v. Koetting (Mo.), 616 S.W.2d 822.

Kidnapping--penalty.

565.110.

1. A person commits the crime of kidnapping if he or she unlawfully removes another without his or her consent from the place where he or she is found or unlawfully confines another without his or her consent for a substantial period, for the purpose of

(1) Holding that person for ransom or reward, or for any other act to be performed or not performed for the return or release of that person; or

(2) Using the person as a shield or as a hostage; or

(3) Interfering with the performance of any governmental or political function; or

(4) Facilitating the commission of any felony or flight thereafter; or

(5) Inflicting physical injury on or terrorizing the victim or another.

2. Kidnapping is a class A felony unless committed under subdivision (4) or (5) of subsection 1 in which cases it is a class B felony.

(L. 1977 S.B. 60, A.L. 2004 H.B. 1487)
Effective 6-17-04

CROSS REFERENCE:

Conviction of offense, on release registration requirements and penalty for failure to comply (Megan's Law), RSMo 589.400 to 589.425 (1981) Kidnapping and rape were separate offenses and defendant thus was not punished twice for same offense because confinement and movement of victim were not incidental to commission of rape but increased risk of harm and danger to victim. State v. Stewart (A.), 615 S.W.2d 600.

(1993) For purposes of definition of "forcible compulsion" in section 556.061, age of victim, relationship to defendant and testimony of victim that defendant guided her head and mouth, or that defendant threatened to ground victim, was not sufficient evidence to establish that victim was in reasonable fear of death, serious physical injury or kidnapping under this section as required by conviction for forcible sodomy under section 566.060, RSMo. State v. Daleske, 866 S.W.2d 476 (Mo.App.W.D.).

(1994) Although, under Missouri statute, crime of kidnapping does not require proof of injury and where kidnapping is not intrinsically violent, crime entails serious potential risk of physical injury to another based on requirement that kidnapping be without person's consent; therefore, kidnapping under Missouri law is violent felony for purposes of enhanced sentencing under federal law. United States v. Phelps, 17 F.3d 1334 (10th Cir.).

(2005) Removal of a child from court-ordered care, custody, and control does not constitute interference with the performance of governmental or political function under kidnapping statute.

Spier v. State, 174 S.W.3d 539 (Mo.App.E.D.).

Child kidnapping--penalty.

565.115.

1. A person commits the crime of child kidnapping if such person is not a relative of the child within the third degree and such person:

(1) Unlawfully removes a child under the age of fourteen without the consent of such child's parent or guardian from the place where such child is found; or

(2) Unlawfully confines a child under the age of fourteen without the consent of such child's parent or guardian.

2. In determining whether the child was removed or confined unlawfully, it is an affirmative defense that the person reasonably believed that the person's actions were necessary to preserve the child from danger to his or her welfare.

3. Child kidnapping is a class A felony.

(L. 2004 H.B. 1487)
Effective 6-17-04

Felonious restraint.

565.120.

1. A person commits the crime of felonious restraint if he knowingly restrains another unlawfully and without consent so as to interfere substantially with his liberty and exposes him to a substantial risk of serious physical injury.

2. Felonious restraint is a class C felony.

(L. 1977 S.B. 60)
Effective 1-1-79

False imprisonment.

565.130.

1. A person commits the crime of false imprisonment if he knowingly restrains another unlawfully and without consent so as to interfere substantially with his liberty.

2. False imprisonment is a class A misdemeanor unless the person unlawfully restrained is removed from this state, in which case it is a class D felony.

(L. 1977 S.B. 60)
Effective 1-1-79

Defenses to false imprisonment.

565.140.

1. A person does not commit false imprisonment under section 565.130 if the person restrained is a child under the age of seventeen and

(1) A parent, guardian or other person responsible for the general supervision of the child's welfare has consented to the restraint; or

(2) The actor is a relative of the child; and

(a) The actor's sole purpose is to assume control of the child; and

(b) The child is not taken out of the state of Missouri.

2. For the purpose of this section, "relative" means a parent or stepparent, ancestor, sibling, uncle or aunt, including an adoptive relative of the same degree through marriage or adoption.

3. The defendant shall have the burden of injecting the issue of a defense under this section.

(L. 1977 S.B. 60)
Effective 1-1-79

Definitions.

565.149.

As used in sections 565.149 to 565.169, the following words and phrases mean:

(1) "Child", a person under seventeen years of age;

(2) "Legal custody", the right to the care, custody and control of a child;

(3) "Parent", either a biological parent or a parent by adoption;

(4) "Person having a right of custody", a parent or legal guardian of the child.

(L. 1988 H.B. 1272, et al. § 1)

Interference with custody--penalty.

565.150.

1. A person commits the crime of interference with custody if, knowing that he has no legal right to do so, he takes or entices from legal custody any person entrusted by order of a court to the custody of another person or institution.

2. Interference with custody is a class A misdemeanor unless the person taken or enticed away from legal custody is removed from this state, detained in another state or concealed, in which case it is a class D felony.

(L. 1977 S.B. 60, A.L. 1988 H.B. 1272, et al.)

(1984) "Takes...from lawful custody" is construed to include unlawful retention of any person following a period of temporary lawful custody. State v. Edmisten (Mo.App.), 674 S.W.2d 576.

Parental kidnapping--penalty.

565.153.

1. In the absence of a court order determining rights of custody or visitation to a child, a person having a right of custody of the child commits the crime of parental kidnapping if he removes, takes, detains, conceals, or entices away that child within or without the state, without good cause, and with the intent to deprive the custody right of another person or a public agency also having a custody right to that child.

2. Parental kidnapping is a class D felony, unless committed by detaining or concealing the whereabouts of the child for:

(1) Not less than sixty days but not longer than one hundred nineteen days, in which case, the crime is a class C felony;

(2) Not less than one hundred twenty days, in which case, the crime is a class B felony.

3. A subsequently obtained court order for custody or visitation shall not affect the application of this section.

(L. 1988 H.B. 1272, et al. § 2, A.L. 2008 S.B. 714, et al.)

Child abduction--penalty.

565.156.

1. A person commits the crime of child abduction if he or she:

(1) Intentionally takes, detains, entices, conceals or removes a child from a parent after being served with process in an action affecting marriage or paternity but prior to the issuance of a temporary or final order determining custody;

(2) At the expiration of visitation rights outside the state, intentionally fails or refuses to return or impedes the return of the child to the legal custodian in Missouri;

(3) Conceals, detains, or removes the child for payment or promise of payment at the instruction of a person who has no legal right to custody;

(4) Retains in this state for thirty days a child removed from another state without the consent of the legal custodian or in violation of a valid court order of custody; or

(5) Having legal custody of the child pursuant to a valid court order, removes, takes, detains, conceals or entices away that child within or without the state, without good cause, and with the intent to deprive the custody or visitation rights of another person, without obtaining written consent as is provided under section 452.377, RSMo.

2. Child abduction is a class D felony.

(L. 1988 H.B. 1272, et al. § 3)

Defenses to parental kidnapping and child abduction.

565.160.

It shall be an absolute defense to the crimes of parental kidnapping and child abduction that:

(1) The person had custody of the child pursuant to a valid court order granting legal custody or visitation rights which existed at the time of the alleged violation, except that this defense is not available to persons charged with child abduction under subdivision (5) of subsection 1 of section 565.156;

(2) The person had physical custody of the child pursuant to a court order granting legal custody or visitation rights and failed to return the child as a result of circumstances beyond his or her control, and the person notified or made a reasonable attempt to notify the other parent or legal custodian of the child of such circumstances within twenty-four hours after the visitation period had expired and returned the child as soon as possible; or

(3) The person was fleeing an incident or pattern of domestic violence.

(L. 1988 H.B. 1272, et al. § 4)

Venue.

565.163.

Persons accused of committing the crime of interference with custody, parental kidnapping or child abduction shall be prosecuted by the prosecuting attorney or circuit attorney:

(1) In the county in which the child was taken or enticed away from legal custody;

(2) In any county in which the child who was taken or enticed away from legal custody was taken or held by the defendant;

(3) The county in which lawful custody of the child taken or enticed away was granted; or

(4) The county in which the defendant is found.

(L. 1988 H.B. 1272, et al. § 5)

Assisting in child abduction or parental kidnapping--penalty.

565.165.

1. A person commits the crime of assisting in child abduction or parental kidnapping if he:

(1) Before or during the commission of a child abduction or parental kidnapping as defined in section 565.153 or 565.156 and with the intent to promote or facilitate such offense, intentionally assists another in the planning or commission of child abduction or parental kidnapping, unless before the commission of the offense he makes proper efforts to prevent the commission of the offense; or

(2) With the intent to prevent the apprehension of a person known to have committed the offense of child abduction or parental kidnapping, or with the intent to obstruct or prevent efforts to locate the child victim of a child abduction, knowingly destroys, alters, conceals or disguises physical evidence or furnishes false information.

2. Assisting in child abduction or parental kidnapping is a class A misdemeanor.

(L. 1988 H.B. 1272, et al. § 6)

Custody of child--peace officer to take child into protective custody, when.

565.167.

1. A peace officer investigating a report of a violation of section 565.150, or section 565.153 or 565.156, may take the child into temporary protective custody if it reasonably appears to the officer that any person unlawfully will flee the jurisdictional territory with the child.

2. If during the course of an investigation under section 565.150, or section 565.153 or 565.156, the child is found in the physical custody of the defendant or another, the law enforcement officer shall return the child to the parent or legal custodian from whom the child was concealed, detained or removed, unless there is good cause for the law enforcement officer to retain temporary protective custody of the child pursuant to section 210.125, RSMo.

(L. 1988 H.B. 1272, et al. § 7)

Restitution, expenses of custodial parent granted, when.

565.169.

Upon conviction or guilty plea of a person under section 565.150, or section 565.153 or 565.156, the court may, in addition to or in lieu of any sentence or fine imposed, assess as restitution against the defendant and in favor of the legal custodian or parent any reasonable expenses incurred by the legal custodian or parent in searching for or returning the child.

(L. 1988 H.B. 1272, et al. § 8)

Review all Missouri Revised Statutes for

Chapter 565 - Offenses Against the Person







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