Kidnapping is a very serious federal crime. If you have been accused of kidnapping, you should take the time to understand the elements of the crime. While most cases of kidnapping are dealt with on a state level, federal charges can be brought if the alleged kidnapping involved crossing state lines.
Parents can often be falsely accused of kidnapping their child by the other parent. Kidnapping accusations can also occur alongside other criminal allegations. Let's look at the definition of the crime of kidnapping as well as the possible defense options.
The crime of kidnapping
Kidnapping is the act of taking another person against their will from one location to another or the holding of a person in one place against their will. Additionally, kidnapping can be the act of taking your child when it was not within your custodial rights to do so.
What are common defenses against kidnapping?
If you have been accused of kidnapping an adult, you may be able to argue that the alleged victim consented to being moved. Alternatively, you could argue that you did not intend to take someone against their will and that you had no knowledge of their lack of consent. In certain situations, you may also be able to argue that mental illness caused you to act the way that you did, and therefore that you should not be held responsible for your actions.
If you have been accused of kidnapping in Texas, you should talk with an experienced criminal defense attorney. They can provide valuable guidance, protect your rights and work with you to present a strong defense.