LYCOS RETRIEVER 
Kidnapping: Crimes
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Kidnapping is a commonly misunderstood crime. It need not be done by a stranger to the child -- parents who are not obeying custody and visitation arrangements can ... be arrested for kidnapping.
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Some states have eliminated the asportation element from their kidnapping statutes. In Ohio, for example, kidnapping is defined in part as restraining the liberty of another person (Ohio Rev. Code Ann. § 2905.01 [Baldwin 1996]). This creates an increased risk of double jeopardy in kidnapping convictions because, by definition, every robbery, rape, or assault would constitute kidnapping. However, the Ohio state legislature has enacted a statute that prohibits multiple convictions for the same conduct unless the defendant exhibits a separate animus (separate intent) to commit a separate crime (§ 2941.25). Whether the prosecution proves a separate animus to kidnap is a question of fact based on the circumstances surrounding the crime.
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The protest stems from the reported kidnapping and rape of a woman on St. John on Aug. 30. Police have released little information in the case and have said that the FBI is heading up the case. The FBI is ... investigating a number of other incidents described as hate crimes, including an assault, vandalism and several arsons."
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A parent can be prosecuted for kidnapping his or her own child or otherwise interfering with the custody or visitation rights of the other parent. It doesn't matter which parent has legal custody; if a parent conceals his or her child with the intent of depriving the other parent of custody or visitation rights, he or she can be prosecuted for a crime.
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In most of the U.S. the crime of kidnapping is defined by statute. Merely enticing a competent adult away is not sufficient to constitute the crime. The crime can only exist when an abduction is carried out against the will of the person, either actually or constructively. For example, inducing a laborer to go to a distant place to work, by holding out extravagant promises that the employer does not intend to fulfill, does not come within the scope of this crime; but getting a sailor intoxicated and taking him aboard a strange ship, with design to detain him until the vessel is under way, and then to persuade or coerce him to serve as a seaman, has been held to constitute kidnapping.
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Child kidnapping by a stranger is a rare crime, according to statistics from the state Department of Justice. In 1997 in Santa Clara County, there was one child kidnapping by stranger, 233 child kidnappings by family members and 341 of unknown circumstances.
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