Parental Kidnapping - referred to as "Kidnapping Minor by a Relative" - is treated less seriously than ordinary Kidnapping. As described in the statute, parental kidnapping includes any relative of the victim. The definition of Parental Kidnapping can be found in Massachusetts General Laws chapter 265, section 26A. The law describes two scenarios in which a relative can be charged with kidnapping:
1) Relative Takes Child but Child Not Put in Danger OR Does Not Leave the State: shall be punished by imprisonment in the house of correction for not more than one year or by a fine of up to one thousand dollars, or both.
2) Relative Takes Child Out of State OR Puts Child in Danger: shall be punished by a fine of not more than five thousand dollars, or by imprisonment in the state prison for not more than five years, or by both such fine and imprisonment.
These type of Kidnapping cases often arise out of custody disputes between mothers, fathers, and/or other family members. They also come from situations where the Department of Children and Families (DCF) obtains custody of a child.
If you or a loved one is charged, call Kidnapping attorney Henry Fasoldt.