The laws of Kidnapping PDF

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Chapter 7- Kidnapping and Related Offenses I.

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Kidnapping A. Charley Ross (age 4) was kidnapped in Philadelphia in front of his parents mansion in 1874 B. There were no laws that criminalized kidnapping C. Charley Ross was the first documented kidnapping in American history, but native Americans kidnapped settlers and demanded ransom; however, there were no prosecutions D. Led legislatures to create kidnapping statutes Lindberg Act A. http://www.youtube.com/watch?v=dbeLVi3IuRI&feature=related B. http://www.youtube.com/watch?v=cW_WpKoqxts&feature=related C. Lindberg Act- statute authorized the Federal Bureau of Investigation to investigate ransom kidnappings. D. Charles Lindberg’s child kidnapped in 1932 Rise in Federal Crimes A. Lindberg Act led to federalization of many heretofore state criminal statutes B. Polly Klaas kidnapping led to “three strikes laws” C. Adam Walsh kidnapping led to “Code Adam alert” system D. Amber Hagerman kidnapping led to “Amber alerts” Kidnapping as a Political Tool A. Abduction of journalists, relief workers, soldiers and other foreign citizens during recent conflicts in Middle East B. Cases:Abduction of newspaper heiress Patricia Hearst in San Francisco (1974)ß sought to have Symbionese Liberation Army members released from prison and to feed the poor in California C. Abductions in Iraq, Syria, and the third world D. The Islamic State (Islamic State in Syria and Iraq) kidnaps westerners and demands ransom. E. Many countries pay ransom and their citizens are freed. (I.E., France, Germany); the U.S. and Britain do not pay ransom and their citizens are beheaded F. In the U.S., kidnappings are very rare Per Year– (1) 24 domestic kidnappings for ransom; (2) 115 total number of children abducted by strangers; (3) 100 abducted children are killed nationwide Introduction to Kidnapping A. At Common Law, kidnapping was the forcible abduction of a person and sending him to another country- asportation ß removal of items from one place to another, such as carrying things away. B. Asportation is the same term used in Larceny to describe the taking of property C. Asportation was an aggravated form of false imprisonment, removing the subject from the protection of the King D. At Common Law, political reasons for kidnappingsà force people into involuntary servitude and to conscript soldiers E. In 1856, Texas law defined kidnapping as a crime only if a person was falsely

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imprisoned for the purpose of being removed from the state, sold as a slave, or if a minor, being taken away from his parents F. Child abductions by sexual predators 1. Code Adam-Dept stores- when child is reported separated from his or her parents in the store, an announcement is made of child’s description a) Employees and shoppers are urged to be vigilant in locating the child b) If child not found in 10 minutes, law enforcement authorities are notified. 2. Amber Alert a) Descriptive information of child and abductor, inc. vehicle, are broadcast over participating radio and television stations. b) Electronic signage on area freeways. 3. Kidnapping as act of terrorism Texas Law of Kidnapping A. Unlawful Restraint - § 20.02 B. Kidnapping - § 20.03 C. Aggravated Kidnapping - § 20.04 D. Other Abduction-related Offenses Unlawful Restraint A. Lowest form of kidnapping-type offense B. It recognizes that individuals have the right to move unimpeded by others, unless authorized by law as with a lawful arrest C. Usually brought as a tort claim for “False Imprisonment” if there is an illegal arrest à rarely do prosecutors charge public officials with unlawful restraint Unlawful Restraint- Sec 20.02 A. Mens rea requiredà Person intentionally or knowingly B. Actus reus required à Restrains another person 1. Restrict person’s movement without consent so as to interfere substantially with liberty, by moving from one place to another, or by confining person. C. Restraint is without consent if: 1. Accomplished by force, intimidation, or deception, or 2. Victim is under 14 and parent has not consented, or 3. Victim is 14 to 17 and victim is taken out of state and 120 miles from home without parental consent D. Class A misdemeanor to felony of third degree Unlawful Restraint- Mens Rea A. Case: Paul locks up his restaurant forgetting that Roderick is still in the kitchen washing dishes. Did Paul commit unlawful restraint? NO B. Case: Dan, the high school math teacher, purposefully locked Pam in to classroom closet. He leaves her there for an hour to “teach her a lesson.” Did Dan commit unlawful restraint? YES Unlawful Restraint- Restriction A. Restriction on victim’s movement without consent 1. Confinement or substantial interference with liberty 2. No time limit on period of confinement B. Rodriguez v. State [Tex. App.-Houston 1982]

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1. Rodriguez climbed into high school student’s car and threatened her with a knife. The student struggled with Rodriguez for about two minutes until a crowd gathered and Rodriguez abandoned his intentions. Court held that, “there was substantial interference with liberty.” Unlawful Restraint A. Both forcible restraint and non-forcible taking of children without parental permission is unlawful restraint B. Without Consent means: C. §(1) force, intimidation, or deception; (2) taking a child under age 14 or an incompetent without parental or guardian consent; (3) taking a child of age 14 to 17 outside the state and beyond 120 miles from home without parental or guardian consent D. I.E., temporarily block a classmate’s ability to walk down the hall is not a substantial interference with liberty ß no unlawful restraint E. I.E., unlawful restraintà shackling mentally disabled people or individuals with dementia to a bed or locking them in a room 1. If victim and offender are within 3 years of each other and no force or intimidation was usedß defense. If a 16-year old runs away from home with her 18-year old boyfriend, the boyfriend is not guilty of unlawful restraint Kidnapping A. Kidnapping is a crime in every state, even though it is rare B. Texas requires abduction of the victim, which is similar to asportation under common law C. Abduction involves either (1) restraining a person in a secret place or (2) threatening or using deadly force or (3) confining a person against his will secretly (secretly elevates unlawful restraint to kidnapping) Kidnapping- Sec 20.03 A. Person intentionally or knowingly B. Abducts another person 1. Restrain another with intent to prevent liberation by: a) Holding victim in a place where he is not likely to be found, or b) Using or threatening to use deadly force C. Not an offense for a relative to abduct another to regain lawful control of a victim as long as no deadly force used Kidnapping A. In Texas, the requirement of secreting the victim where she will likely not be found is part of the mens rea, not the actus reus ß kidnapping is achieved if the offender at any time during the restraint intended to secret the victim B. I.E., luring an underage boy into a motel room for the purposes of sex is an attempt to secret the child ßthis is kidnapping C. -intent of the offender is key, not the actual accomplishment of the kidnapping D. When deadly force is threatened, it need not be at the time of the initial restraint 1. I.E., May enters a hospital and takes baby Hugh, intending to raise him as her own child. May’s sister Louisa decides to notify the police. May threatens to use deadly force against Louisa ßunlawful restraint elevates to kidnapping because deadly force

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E. Kidnapping cannot be applied to animals: taking a prized race horse and holding him for ransom is theft Aggravated Kidnapping A. Aggravated kidnapping is more prevalent than kidnapping B. Aggravated Kidnapping occurs if the abduction is committed with intent to do one of the 6 following attendant circumstances below. C. As with plain kidnapping, the specific intent of the offender is the element of the offense, not the actual accomplishment of the result Aggravated Kidnapping- Facilitate Another Felony A. Aggravated kidnapping for either or both Felix and Oscar: the forcing of persons by Felix into the breakroom B. Felix’s act of taking the manager as hostage C. I.E., child is abducted and taken to a remote locale and sexually assaulted ß2 offenses: (1) aggravated sexual assault and (2) aggravated kidnapping; no double jeopardy Aggravated Kidnapping—Safe Place A. Aggravated kidnapping is felony in first degree; if release victim in a safe placeà felony in second degree B. Purposeà to encourage kidnappers to take measures to ensure that their victims survive C. Based on general deterrence theoryà assume the offender knows which conduct aggravates his plight and which reduces his level of culpability Aggravated Kidnapping- Felony in Second Degree- Release in Safe Place A. Safe place: factors to consider B. Remoteness of location C. Proximity of authorities or person who could aid or assist D. Time of day E. Climatic conditions F. Victim’s condition G. Character of, and victim’s familiarity with, the location or neighborhood Abduction-related Offenses A. Interference with Child Custody - § 25.03 B. Unlawful Transport - § 20.05 C. Trafficking of Persons – Chapter 20A Parental Abduction A. Parental Kidnapping Prevention Act of 1980- (federal law) responsibilities of states in enforcing out-of-state custody orders B. Texas- Interference with Child Custody Law C. Give police legal basis to intervene in parental abduction cases until custody rights are clearly established by civil court system. Interference with child custody- 25.03 A. Person takes or retains child under 18 in violation of express terms of court custody order B. Offender must know existence and terms of court order Interference with child custody- 25.03 A. Person not granted custody takes child under 18 out of the jurisdiction of the court without court’s permission

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Offender must know that court proceedings are pending Intent- deprive the court of authority over the child Absolute defense Offender returned child to the judicial district or county where the (district or county) court has jurisdiction within 3 days from date of commission XXIII. Interference with child custody- 25.03 A. Non-custodial parent B. Knowingly entices or persuades child to leave custody of custodial parent XXIV. Unlawful Transport- S. 20.05 A. Commercial transportation of undocumented migrant workers B. For pecuniary or monetary benefit C. Manner of transportation: D. Concealment of individual from law enforcement authorities AND E. Place the immigrants at substantial risk of serious bodily injury or death. XXV. Human Smuggling and Trafficking of Persons A. Trafficking Victims Protection Act-commercial sex or forced labor B. Human smuggling- illegal immigration in which an agent is paid to help a person cross a national border clandestinely C. Chapter 20A- felony D. Human trafficking- forced labor or forced prostitution E. 800,000 to 900,000 victims are trafficked globally per year and 20,000 are trafficked into the United States F. Exploitation of unwilling or unwitting people through force, coercion, threat, or deception G. Women and children from Middle East, Eastern Europe, Mexico, Asia, and Central America Chapter 8: Property Destruction Offenses XXVI.

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Introduction to Arson A. Arson is a rare event B. In the U.S., there are 30,000 intentionally structural fires and 17,000 purposeful vehicle fires per year C. In Texas, 6,800 arsons annually Introduction to Arson A. Early arson law only applied to burning another’s house and adjoining outbuilding B. Burning your own property did not constitute arson C. At Common Law, felony arson developed because of concern for the sanctity of one’s home and injury/death due to fire D. During the 13th Century, England punished arson with the death penalty Common Law Arson A. Mens Rea required for arson à Willful and malicious burning of the dwelling or outbuildings of another. B. Burning through negligence or recklessness did not constitute arson. C. Actual ignition was necessary, even if it extinguished itself. D. Arson was limited to dwellings and structures within the curtilage. E. Curtilage included all outbuildings that supported domestic activities. Common Law Arson

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A. At common law, Carl was raking leaves in his backyard. He started to burn the leaves and sparks flew onto the neighbor’s house and burned it to the ground ßno arson; it is negligence B. Maliceà (1) conduct that creates a high risk of burning. (2) behavior that shows an extreme disregard for the safety of others C. .E., John is angry at his boss. He sets fire to his employer’s shop and the fire spreads to an adjacent dwelling ß arson—John did not intend to burn the adjacent home, but his act was so irresponsible it was malicious Burning at Common Law A. At common law, a burning had to occur for arson to result B. Existence of burningà no matter how slight, no matter whether the structural integrity of the dwelling was affected, and no matter if it extinguished itself C. Existence of burningà There is actual ignition and the fiber of the wood or other combustible material is charred and thus destroyed, even in small part D. No Burningà if material is merely blackened by smoke, smudged, or discolored by heat E. Dwelling or Outbuildings of Another F. Early arson law was not interested in the buildings of the offender—arson was limited to dwellings and outbuildings of the victim G. Common Law concept of curtilageà a series of domestic buildings that surrounded and supported a house and might include a detached kitchen or outhouse H. Only applied to houses that were occupied & arson did not apply to burning your own house Texas Law of Arson A. Texas statute expands beyond traditional common law application of arson B. Arson statute seeks to prevent : Destruction of another’s property A. Creating a risk of destruction of another’s property B. Creating a danger to the public safety C. Perpetrating insurance fraud D. Texas Law of Arson E. Texas law is much different than common law F. Arson requires (1) an intent to set fire, (2) with the specific intent of damaging property, (3) combined with the knowledge of the circumstances surrounding the fire possibilities with arson (1) when the object is vegetation, fences, and structures on open spaces; (2) when the object is buildings, habitations, or vehicles. G. Purposeful killing during an arson can be a capital murder; unintended deaths during an arson are covered under the felony murder rule H. Arson requires (1) an intent to set fire, (2) with the specific intent of damaging property, (3) combined with the knowledge of the circumstances surrounding the fire I. 2 possibilities with arson (1) when the object is vegetation, fences, and structures on open spaces; (2) when the object is buildings, habitations, or vehicles. Purposeful killing during an arson can be a capital murder; unintended deaths

during an arson are covered under the felony murder rule...