Whether you are a parent or not, receiving an Amber Alert on your phone makes the hairs on your neck stand up. When that alert goes off, you know someone’s child has either gone missing or is in the process of being kidnapped. In some cases, however, the alert is the result of one parent taking their child against custody laws, which is usually not violent.
At Simmrin Law Group, we’ve helped clients fight child abduction charges from the other parent in custody situations. If you’ve been accused of child abduction, our Los Angeles human trafficking defense lawyers explain California’s child abduction definition and how we can help.
How Many Kids Go Missing in California Each Year?
According to the California Department of Justice, 66,705 children went missing in 2023. From the different classifications, a majority of children who went missing were runaways, who accounted for 63,856 of them.
The next classification with the highest rate of missing kids was abducted by family members, who accounted for 1,148 of the missing children. The children who went missing due to unknown circumstances accounted for 1,086 kids. On the other hand, non-family abductions only accounted for 22 children.
California doesn’t break down statistics of missing kids by race, but in 2022, the National Crime Information Center reported that over 140,000 black children were missing. As a result, on January 1, 2024, California created the country’s first-ever Ebony Alert system to track how many black children go missing in the state. Up until 2023, residents were only receiving AMBER alerts, which were created in honor of 9-year-old Amber Hagerman, who was kidnapped in Texas in 1996.
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How Does the State of California Define Abduction of Kids?
California defines child abduction as the deliberate taking or concealing of a kid to keep them away from their legal custodian. Abduction is a criminal offense committed by strangers, family members, and friends. Parents, in particular, can be guilty of child abduction when they are not legal guardians or do not have custody of their kids.
Why Do Parents Abduct Their Kids?
Parents abduct their kids for various reasons. One of the main reasons is to protect the kid from the perceived physical and emotional harm the other parent is causing. Parents who abduct their kids feel they are preventing their kids from being exposed to dangerous activity in the other parent’s care.
What Are the Elements of Child Abduction?
For you to be convicted of child abduction, there are four elements the plaintiff must prove. These include:
- You did not have a legal right to custody of the kid.
- The kid is under 18 years old.
- You withheld or concealed the kid.
- You intentionally prevented lawful visitation or custody of the kid.
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If a Kid Agrees to Go with the Parent, Can the Parent Still Be Held Liable for the Abduction?
Yes. It does not matter whether the kid agrees to go with the parent. If the parent meets the elements of the abduction charge and deliberately violates custody visitation, the parent will be found guilty of abduction.
Is There a Difference Between Abducting and Kidnapping a Kid?
Yes, there are a few key differences between child abduction and kidnapping. Abducting a kid is a crime committed against the other parent and happens when there is an unlawful interference with custody matters. Kidnapping is a crime committed against a kid and involves the forcible taking of another person with the intent of causing harm.
Kidnapping is also a crime that can happen to kids and adults. It is a serious crime that can happen to a victim of any age, and every law enforcement agency receives training for it. Although it can happen to anyone, young girls are more likely to go missing than boys. Child advocates continuously research and find prevention tactics, but statistics and AMBER alerts still show a majority of missing kids as young girls.
Kidnapping is more likely to lead to child sexual exploitation and even human trafficking since the person usually has violent intentions. If you’ve been accused of child sexual exploitation, our Los Angeles criminal defense lawyer at Simmrin Law Group can review your case.
What Are the Legal Penalties for Abducting a Kid?
Child abduction is what California would consider a “wobbler” crime. That means the crime has the potential to be charged as either a misdemeanor or felony. If your abduction charge has been classified as a misdemeanor, you could be at risk of facing up to one year in jail and a fine of $1,000.
Even worse, you could lose your visitation rights and have a protective order placed on you. If your abduction charge has been classified as a felony, you could face prison time ranging from 16 months to three years, in addition to a $10,000 fine. You also risk placing a protective order on you and losing your visitation rights with your kid.
What Factors Determine Whether Your Abduction Charge Will Be a Misdemeanor or Felony?
When considering the legal penalties of your abduction charge, the courts will determine certain factors of your incident. Some of these factors include:
- Whether you exposed your kid to significant physical injury
- Whether you threatened physical harm to the other parent during the abduction
- Whether the kid was harmed during the abduction
- Whether the kid was taken outside of the United States
- If the kid was returned to the lawful custodian
- If you have a prior history of abducting or threatening to abduct the kid
- If the kid’s appearance was altered
- If the kid’s ability to receive an education was denied during the abduction
What Are Some Potential Defenses Against Child Abduction?
There is so much on the line when you have been charged with an abduction charge. Although the situation seems dire, there are legal defenses that you can use to defend yourself against your charge. Our team can help you build a case using one of these defenses:
False Accusation
Unfortunately, many parents falsely accuse the other parent of abducting their kid out of resentment or if the parents are involved in a bitter custody battle. For this defense to be effectively used, there must be a lack of sufficient evidence that can convict you of abduction.
Kid’s Protection
This defense could be used if you reasonably believed your kid was in imminent danger, such as the risk of child sexual exploitation, physical injury, abuse, neglect, abandonment, or severe illness or physical disability without proper care.
To assert this defense, you would need to show you had sound reason to believe the kid faced immediate risk to their safety or life if left in the current situation. Specific threats, incidents of harm, or situations putting them in danger of child sexual exploitation could help support a claim that abduction was necessary to protect the kid from harm.
Lack of Malicious Conduct
One of the elements that must be proven in a child abduction charge is that malicious conduct occurred. This malicious conduct includes intentionally taking or concealing the kid from the lawful custodian. If there was a mistake or you had reason to believe that you had full right to visitation of the child, this defense can be used in your favor.
Contact a Skilled Los Angeles Lawyer Today
When you have been charged with child abduction and an AMBER alert has gone out as a result of your actions, you need an experienced lawyer on your side as soon as possible. If you’ve taken your kid legally and you’re being accused of child sexual exploitation or other harmful acts, our team can help.
Contact us today for a free, confidential case evaluation to learn more about how you can protect your rights as a parent.
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