What Charges may be Brought if My Son Brings an Underage Girl Across State Lines?
Full Question:
Answer:
It is possible the son could be charged with a kidnapping or interference with custody offense. Charges might be brought in either NJ or Maine. Federal kidnapping law may apply. Following the historic Lindbergh kidnapping (the abduction and murder of Charles Lindbergh's toddler son), the United States Congress adopted a federal kidnapping statute—popularly known as the Federal Kidnapping Act 18 U.S.C. § 1201(a)(1) (also known as the Lindbergh Law, or Little Lindbergh Law) — which was intended to let federal authorities step in and pursue kidnappers once they had crossed state lines with their victim. If the girl is able to support herself, it may be possible for her to petition for emancipation.
For further discussion, please see:
http://www.law.cornell.edu/uscode/18/usc_sec_18_00001201----000-.html
Please see the following NJ statutes to determine applicability:
2C:13-1 Kidnapping.
a. Holding for ransom, reward or as a hostage. A person is guilty of
kidnapping if he unlawfully removes another from the place where he is
found or if he unlawfully confines another with the purpose of holding
that person for ransom or reward or as a shield or hostage.
b. Holding for other purposes. A person is guilty of kidnapping if he
unlawfully removes another from his place of residence or business, or a
substantial distance from the vicinity where he is found, or if he
unlawfully confines another for a substantial period, with any of the
following purposes:
(1) To facilitate commission of any crime or flight thereafter;
(2) To inflict bodily injury on or to terrorize the victim or another;
(3) To interfere with the performance of any governmental or political
function; or
(4) To permanently deprive a parent, guardian or other lawful custodian
of custody of the victim.
c. Grading of kidnapping. (1) Except as provided in paragraph (2) of
this subsection, kidnapping is a crime of the first degree and upon
conviction thereof, a person may, notwithstanding the provisions of
paragraph (1) of subsection a. of N.J.S. 2C:43-6, be sentenced to an
ordinary term of imprisonment between 15 and 30 years. If the actor
releases the victim unharmed and in a safe place prior to apprehension,
it is a crime of the second degree.
(2) Kidnapping is a crime of the first degree and upon conviction
thereof, an actor shall be sentenced to a term of imprisonment by
the court, if the victim of the kidnapping is less than 16 years
of age and if during the kidnapping:
(a) A crime under N.J.S. 2C:14-2 or subsection a. of N.J.S. 2C:14-3
is committed against the victim;
(b) A crime under subsection b. of N.J.S. 2C:24-4 is committed
against the victim; or
(c) The actor sells or delivers the victim to another person for
pecuniary gain other than in circumstances which lead to the return of the
victim to a parent, guardian or other person responsible for the general
supervision of the victim.
Notwithstanding the provisions of paragraph (1) of subsection a. of
N.J.S. 2C:43-6, the term of imprisonment imposed under this
paragraph shall be either a term of 25 years during which the actor shall not be
eligible for parole, or a specific term between 25 years and life
imprisonment, of which the actor shall serve 25 years before being
eligible for parole; provided, however, that the crime of kidnapping
under this paragraph and underlying aggravating crimes listed in
subparagraph (a), (b) or (c) of this paragraph shall merge for purposes
of sentencing. If the actor is convicted of the criminal homicide of a
victim of a kidnapping under the provisions of chapter 11, any sentence
imposed under provisions of this paragraph shall be served consecutively
to any sentence imposed pursuant to the provisions of chapter 11.
d. "Unlawful" removal or confinement. A removal or confinement is
unlawful within the meaning of this section and of sections 2C:13-2 and
2C:13-3, if it is accomplished by force, threat or deception, or, in the
case of a person who is under the age of 14 or is incompetent, if it is
accomplished without the consent of a parent, guardian or other person
responsible for general supervision of his welfare.
e. It is an affirmative defense to a prosecution under paragraph (4) of
subsection b. of this section, which must be proved by clear and
convincing evidence, that:
(1) The actor reasonably believed that the action was necessary to
preserve the victim from imminent danger to his welfare. However, no
defense shall be available pursuant to this subsection if the actor does
not, as soon as reasonably practicable but in no event more than 24 hours
after taking a victim under his protection, give notice of the victim's
location to the police department of the municipality where the victim
resided, the office of the county prosecutor in the county where the
victim resided, or the Division of Youth and Family Services in the
Department of Children and Families;
(2) The actor reasonably believed that the taking or detaining of
the victim was consented to by a parent, or by an authorized State
agency; or
(3) The victim, being at the time of the taking or concealment
not less than 14 years old, was taken away at his own volition by
his parent and without purpose to commit a criminal offense with
or against the victim.
f. It is an affirmative defense to a prosecution under paragraph (4) of
subsection b. of this section that a parent having the right of custody
reasonably believed he was fleeing from imminent physical danger from the
other parent, provided that the parent having custody, as soon as
reasonably practicable:
(1) Gives notice of the victim's location to the police department of
the municipality where the victim resided, the office of the county
prosecutor in the county where the victim resided, or the Division of
Youth and Family Services in the Department of Children and Families; or
(2) Commences an action affecting custody in an appropriate court.
g. As used in subsections e. and f. of this section, "parent" means a
parent, guardian or other lawful custodian of a victim.
Amended 1979, c. 178, s. 23; 1986, c. 172, s. 2; 1999, c. 190, s. 1;
2006, c. 47, s. 24.
2C:13-6 Luring, enticing child by various means, attempts; crime of
second degree; subsequent offense, mandatory imprisonment; definitions.
Luring, enticing child by various means, attempts; crime of second
degree; subsequent offense, mandatory imprisonment; definitions.
a. A person commits a crime of the second degree if he attempts, via
electronic or any other means, to lure or entice a child or one who he
reasonably believes to be a child into a motor vehicle, structure or
isolated area, or to meet or appear at any other place, with a purpose to
commit a criminal offense with or against the child.
b. As used in this section:
"Child" means a person less than 18 years old.
"Electronic means" includes, but is not limited to, the Internet, which
shall have the meaning set forth in N.J.S. 2C:24-4.
"Structure" means any building, room, ship, vessel or airplane and also
means any place adapted for overnight accommodation of persons, or for
carrying on business therein, whether or not a person is actually
present.
c. Nothing herein shall be deemed to preclude, if the evidence so
warrants, an indictment and conviction for attempted kidnapping under the
provisions of N.J.S. 2C:13-1.
d. A person convicted of a second or subsequent offense under this
section shall be sentenced to a term of imprisonment. Notwithstanding the
provisions of subsection a. of N.J.S. 2C:43-6, the term of imprisonment
shall include, unless the person is sentenced pursuant to the provisions
of N.J.S. 2C:43-7, a mandatory minimum term of one-third to one-half of
the sentence imposed, or three years, whichever is greater, during which
time the defendant shall not be eligible for parole. If the person is
sentenced pursuant to N.J.S. 2C:43-7, the court shall impose a minimum
term of one-third to one-half of the sentence imposed, or five years,
whichever is greater. The court may not suspend or make any other
non-custodial disposition of any person sentenced as a second or
subsequent offender pursuant to this section.
For the purposes of this section, an offense is considered a second or
subsequent offense if the actor has at any time been convicted pursuant
to this section, or under any similar statute of the United States, this
State or any other state for an offense that is substantially equivalent
to this section.
e. A person convicted of an offense under this section who has
previously been convicted of a violation of N.J.S. 2C:14-2, subsection a.
of N.J.S. 2C:14-3 or N.J.S. 2C:24-4 shall be sentenced to a term of
imprisonment. Notwithstanding the provisions of subsection a. of N.J.S.
2C:43-6, the term of imprisonment shall include, unless the person is
sentenced pursuant to the provisions of N.J.S. 2C:43-7, a mandatory
minimum term of five years, during which time the defendant shall not be
eligible for parole. The court may not suspend or make any other
non-custodial disposition of any person sentenced pursuant to this
section.
For the purposes of this subsection, an offense is considered a
previous conviction of N.J.S. 2C:14-2, subsection a. of N.J.S. 2C:14-3 or
N.J.S. 2C:24-4 if the actor has at any time been convicted under any of
these sections or under any similar statute of the United States, this
State or any other state for an offense that is substantially equivalent
to any of these sections.
f. Notwithstanding the provisions of N.J.S. 2C:1-8 or any other law, a
conviction under this section shall not merge with a conviction of any
other criminal offense, nor shall such other conviction merge with a
conviction under this section, and the court shall impose separate
sentences upon each violation of this section and any other criminal
offense. The court may not suspend or make any other non-custodial
disposition of any person sentenced pursuant to this section.
L. 1993, c. 291, s. 1; amended 1994, c. 91; 1999, c. 277; 2001,
c. 233; 2003, c. 229; 2007, c. 273, s. 1.
2C:13-4 Interference with custody.
a. Custody of children. A person, including a parent, guardian or
other lawful custodian, is guilty of interference with custody if
he:
(1) Takes or detains a minor child with the purpose of concealing
the minor child and thereby depriving the child's other parent of
custody or parenting time with the minor child; or
(2) After being served with process or having actual knowledge of an
action affecting marriage or custody but prior to the issuance of a
temporary or final order determining custody and parenting time rights to
a minor child, takes, detains, entices or conceals the child within or
outside the State for the purpose of depriving the child's other parent
of custody or parenting time, or to evade the jurisdiction of the courts
of this State;
(3) After being served with process or having actual knowledge of an
action affecting the protective services needs of a child pursuant to
Title 9 of the Revised Statutes in an action affecting custody, but prior
to the issuance of a temporary or final order determining custody rights
of a minor child, takes, detains, entices or conceals the child within or
outside the State for the purpose of evading the jurisdiction of the
courts of this State; or
(4) After the issuance of a temporary or final order specifying
custody, joint custody rights or parenting time, takes, detains, entices
or conceals a minor child from the other parent in violation of the
custody or parenting time order.
Interference with custody is a crime of the second degree if the child
is taken, detained, enticed or concealed: (i) outside the United States
or (ii) for more than 24 hours. Otherwise, interference with custody is a
crime of the third degree but the presumption of non-imprisonment set
forth in subsection e. of N.J.S. 2C:44-1 for a first offense of a crime
of the third degree shall not apply.
b. Custody of committed persons. A person is guilty of a crime of the
fourth degree if he knowingly takes or entices any committed person away
from lawful custody when he is not privileged to do so. "Committed
person" means, in addition to anyone committed under judicial warrant, any
orphan, neglected or delinquent child, mentally defective or insane
person, or other dependent or incompetent person entrusted to another's
custody by or through a recognized social agency or otherwise by
authority of law.
c. It is an affirmative defense to a prosecution under
subsection a. of this section, which must be proved by clear and convincing
evidence, that:
(1) The actor reasonably believed that the action was necessary to
preserve the child from imminent danger to his welfare. However, no
defense shall be available pursuant to this subsection if the actor does
not, as soon as reasonably practicable but in no event more than 24 hours
after taking a child under his protection, give notice of the child's
location to the police department of the municipality where the child
resided, the office of the county prosecutor in the county where the
child resided, or the Division of Youth and Family Services in the
Department of Children and Families;
(2) The actor reasonably believed that the taking or detaining of the
minor child was consented to by the other parent, or by an authorized
State agency; or
(3) The child, being at the time of the taking or concealment not less
than 14 years old, was taken away at his own volition and without purpose
to commit a criminal offense with or against the child.
d. It is an affirmative defense to a prosecution under subsection a. of
this section that a parent having the right of custody reasonably
believed he was fleeing from imminent physical danger from the other
parent, provided that the parent having custody, as soon as reasonably
practicable:
(1) Gives notice of the child's location to the police department of
the municipality where the child resided, the office of the county
prosecutor in the county where the child resided, or the Division of Youth
and Family Services in the Department of Children and Families; or
(2) Commences an action affecting custody in an appropriate court.
e. The offenses enumerated in this section are continuous in nature and
continue for so long as the child is concealed or detained.
f. (1) In addition to any other disposition provided by law, a person
convicted under subsection a. of this section shall make restitution of
all reasonable expenses and costs, including reasonable counsel fees,
incurred by the other parent in securing the child's return.
(2) In imposing sentence under subsection a. of this section the court
shall consider, in addition to the factors enumerated in chapter 44 of
Title 2C of the New Jersey Statutes:
(a) Whether the person returned the child voluntarily; and
(b) The length of time the child was concealed or detained.
g. As used in this section, "parent" means a parent, guardian or
other lawful custodian of a minor child.
2C:13-6 Luring, enticing child by various means, attempts; crime of
second degree; subsequent offense, mandatory imprisonment; definitions.
Luring, enticing child by various means, attempts; crime of second
degree; subsequent offense, mandatory imprisonment; definitions.
a. A person commits a crime of the second degree if he attempts, via
electronic or any other means, to lure or entice a child or one who he
reasonably believes to be a child into a motor vehicle, structure or
isolated area, or to meet or appear at any other place, with a purpose to
commit a criminal offense with or against the child.
b. As used in this section:
"Child" means a person less than 18 years old.
"Electronic means" includes, but is not limited to, the Internet, which
shall have the meaning set forth in N.J.S. 2C:24-4.
"Structure" means any building, room, ship, vessel or airplane and also
means any place adapted for overnight accommodation of persons, or for
carrying on business therein, whether or not a person is actually
present.
c. Nothing herein shall be deemed to preclude, if the evidence so
warrants, an indictment and conviction for attempted kidnapping under the
provisions of N.J.S. 2C:13-1.
d. A person convicted of a second or subsequent offense under this
section shall be sentenced to a term of imprisonment. Notwithstanding the
provisions of subsection a. of N.J.S. 2C:43-6, the term of imprisonment
shall include, unless the person is sentenced pursuant to the provisions
of N.J.S. 2C:43-7, a mandatory minimum term of one-third to one-half of
the sentence imposed, or three years, whichever is greater, during which
time the defendant shall not be eligible for parole. If the person is
sentenced pursuant to N.J.S. 2C:43-7, the court shall impose a minimum
term of one-third to one-half of the sentence imposed, or five years,
whichever is greater. The court may not suspend or make any other
non-custodial disposition of any person sentenced as a second or
subsequent offender pursuant to this section.
For the purposes of this section, an offense is considered a second or
subsequent offense if the actor has at any time been convicted pursuant
to this section, or under any similar statute of the United States, this
State or any other state for an offense that is substantially equivalent
to this section.
e. A person convicted of an offense under this section who has
previously been convicted of a violation of N.J.S. 2C:14-2, subsection a.
of N.J.S. 2C:14-3 or N.J.S. 2C:24-4 shall be sentenced to a term of
imprisonment. Notwithstanding the provisions of subsection a. of N.J.S.
2C:43-6, the term of imprisonment shall include, unless the person is
sentenced pursuant to the provisions of N.J.S. 2C:43-7, a mandatory
minimum term of five years, during which time the defendant shall not be
eligible for parole. The court may not suspend or make any other
non-custodial disposition of any person sentenced pursuant to this
section.
For the purposes of this subsection, an offense is considered a
previous conviction of N.J.S. 2C:14-2, subsection a. of N.J.S. 2C:14-3 or
N.J.S. 2C:24-4 if the actor has at any time been convicted under any of
these sections or under any similar statute of the United States, this
State or any other state for an offense that is substantially equivalent
to any of these sections.
f. Notwithstanding the provisions of N.J.S. 2C:1-8 or any other law, a
conviction under this section shall not merge with a conviction of any
other criminal offense, nor shall such other conviction merge with a
conviction under this section, and the court shall impose separate
sentences upon each violation of this section and any other criminal
offense. The court may not suspend or make any other non-custodial
disposition of any person sentenced pursuant to this section.
L. 1993, c. 291, s. 1; amended 1994, c. 91; 1999, c. 277; 2001,
c. 233; 2003, c. 229; 2007, c. 273, s. 1.