The prosecutor who has charged you with kidnaping believes that you have unlawfully taken and carried away or confined a person by force and against his/her will. The penalty for kidnaping is: Felony; up to Life or any term of years in prison.
Parental Kidnaping is different!
Parental Kidnaping occurs when a natural or adoptive parent takes or retains a child for more than 24 hours with intent to detain or conceal the child from the parent who has legal custody or visitation rights at the time, or from the person who adopted the child, or from the person who had lawful charge of the child. The penalty is: Felony; up to 366 days incarceration and/or $2,000 fine.
If you have been charged with Parental Kidnaping, you should be aware that you may raise an affirmative defense that you took the child to protect the child from an immediate and actual threat of physical or mental harm, abuse or neglect.
Contact Mr. Cross immediately and directly at (877) OWI-LAWS to preserve this defense and discuss your options.
The Michigan statute on kidnapping states the following:
MCL 750.349 Kidnaping.
Confining person against will, etc.—Any person who willfully, maliciously and without lawful authority shall forcibly or secretly confine or imprison any other person within this state against his will, or shall forcibly carry or send such person out of this state, or shall forcibly seize or confine, or shall inveigle or kidnap any other person with intent to extort money or other valuable thing thereby or with intent either to cause such person to be secretly confined or imprisoned in this state against his will, or in any way held to service against his will, shall be guilty of a felony, punishable by imprisonment in the state prison for life or for any term of years.
Every offense mentioned in this section may be tried either in the county in which the same may have been committed or in any county in or through which the person so seized, taken, inveigled, kidnaped or whose services shall be sold or transferred, shall have been taken, confined, held, carried or brought; and upon the trial of any such offense, the consent thereto of the person, so taken, inveigled, kidnapped or confined, shall not be a defense, unless it shall be made satisfactorily to appear to the jury that such consent was not obtained by fraud nor extorted by duress or by threats.