When most people hear the term “kidnapping,” they picture a stranger abducting a child and transporting them a considerable distance. However, California recognizes many types of kidnapping offenses, including parental kidnapping. Parental kidnapping occurs when a parent takes or withholds a child from their legal guardian or if they interfere with the other parent’s custodial rights. Here is what parents need to know about parental kidnapping laws in California and what steps to take if they find themselves facing such charges.
California Parental Kidnapping Laws
Parental kidnapping includes the offenses of child abduction and interference with child custody. Under California Penal Code section 277, the term “person” refers to “a parent or an agent of a parent.” Thus, per Penal Code section 278, a person (i.e., parent) without custodial rights who “maliciously takes, entices, keeps, withholds, or conceals any child with the intent to detain or conceal that child from a lawful custodian” can be charged with child abduction. Additionally, Penal Code section 278.5 states that a parent who “takes, entices away, keeps, withholds, or conceals a child and maliciously deprives a lawful custodian of a right to custody, or a person of a right to visitation” can also face criminal charges.
Penalties for Parental Kidnapping in California
Child abduction and interference with child custody offenses can be charged as either misdemeanors or felonies. Those convicted of a misdemeanor offense may face up to one year in county jail and a fine of up to $1,000, while those convinced of a felony offense may face up to three to four years in county jail and up to $10,000 in fines. Prosecutors will examine several factors to determine whether to bring misdemeanor or felony charges against you, such as whether the child was physically harmed, threatened, or taken outside the United States, among other considerations.
Navigating Parental Kidnapping Charges in Los Angeles County
A major component of securing a parental kidnapping conviction is proving that you had malicious intent. Additionally, if you keep your child from the other parent out of reasonable concern for your child’s safety, your attorney can work to have these charges dropped. As soon as law enforcement arrests you for parental kidnapping, exercise your right to remain silent until you can discuss your situation with an experienced criminal defense attorney. From there, your lawyer will work with you to determine the most strategic path forward.
Discuss your situation with a skilled Los Angeles County criminal defense attorney by calling Wegman & Levin today at (818) 980-4000 to arrange a free consultation.
