When someone takes another person against their will, California could bring kidnapping charges against the alleged abductor. Taking a child away from their legal guardians is also a criminal offense in California, even if the abductor is the child’s parent. Essentially, child abduction refers to the criminal act of any person lacking custodial rights who takes a child away from their legal guardians. Depending on the circumstances of the case, the abductor could face misdemeanor or felony charges. Here’s what you need to know about child abduction charges in Los Angeles County.
How California Law Defines Child Abduction
Under Title 9, Chapter 4, Section 278 of the California Penal Code, child abduction occurs when any person, “not having a right to custody…maliciously takes, entices away, keeps, withholds, or conceals any child with the intent to detain or conceal that child from a lawful custodian.” For instance, a divorced parent with no parental or custodial rights who takes the child away from the custodial parent could face parental kidnapping charges. Similarly, a relative (uncle, aunt, or distant family member) may face child abduction charges if they take the child in an attempt to conceal the child’s whereabouts.
Penalties for Parental Kidnapping and Child Abduction
To secure a child abduction conviction, prosecutors must show that the alleged abductor acted maliciously, meaning they intentionally took steps to take the child and hide them from their legal guardians. Even if the child consented to go with the abductor, criminal charges could be filed. Depending on the specifics of the case, the district attorney’s office may pursue either misdemeanor or felony charges. A misdemeanor conviction carries up to one year in jail and a fine of up to $1,000, while felony child abduction is punishable by up to four years in prison, up to $10,000 in fines, and other limitations to your freedom.
How a Skilled Los Angeles County Defense Attorney Can Help
Facing child abduction or parental kidnapping charges in Los Angeles County can be overwhelming, especially if you didn’t act with malicious intent. Refrain from trying to explain your actions to law enforcement until you’ve spoken to a trusted criminal defense attorney. Together, you and your lawyer can determine the most strategic course of action to secure you the best possible outcome given the specifics of your case.
Talk to an experienced Los Angeles County criminal defense lawyer today by calling Wegman & Levin at (818) 980-4000 to arrange a free consultation.
