NCJ Number
152685
Journal
New York State Bar Journal Volume: 65 Issue: 5 Dated: (July-August 1993) Pages: 12-14
Date Published
1993
Length
3 pages
Annotation
In New York State, persons who kidnap family members are not generally prosecuted for the traditional crimes of first- or second-degree kidnapping, but are instead charged with custodial interference first degree or second degree, which are much less serious and carry less severe penalties.
Abstract
Prosecutors are hard pressed to prove a charge of kidnapping without an actual ransom situation or evidence that the defendant was using explicit admissible threats to use the abducted child as a bargaining chip in property settlement or related matters. The National Incidence of Missing, Abducted, Runaway, and Thrownaway Children (NISMART) estimates there are up to 350,000 children abducted for some period of time each year. Abductions are just as likely to occur several years after a divorce or separation as before such an action occurs. The Morel case, which wound its way through the New York State court system, illustrates the difficulties that family law practitioners face when they represent clients who wish to prove charges of abduction or kidnapping related to child custody disputes. 12 notes