this post was submitted on 27 Jul 2023
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I don't think letting someone stay with you voluntarily is kidnapping, and it sounds like this was of her own free will.
That would require the law to acknowledge that young people have free will... Which it only does when they commit crimes.
Mens rea and cognitive ability to consent/form intent is a very interesting subject, especially when it comes to minors. Society supersedes its judgement for the judgement of the minor where the minor is deemed not to have the sufficient mental capacity to consent to an action with full understanding of the consequences and context (sometimes only acquired through age or experience). It's usually also only exercised as a means of protecting the minors (e.g., ability to consent to sexual acts with adults when underage). Criminal acts are slightly different though as it's generally more about the individuals (minor or otherwise) capacity to form intent to actively harm/deprive/defraud/whatever in the context of what would be normal and reasonable for someone of like experience, knowledge, and circumstance. And even then, minors have a separate legal track in acknowledgement of their inability to fully grasp context and impact (see previous point about consent above) for all but most egregious and grievous acts.
Legally, if you take in a runaway, and don't make an effort to get them back to their legal gueardian, I think there's still a case for it to become abduction in court.
Legally, a child doesn't have the ability to choose to leave their legal guardian (except through legal child protection channels).
They can't just move in with a stranger. When does taking care of a runaway, become hiding them? Morally, there can be good reason to keep them from their family, but the law won't necessarily recognize that in cases like this, where CPS wasn't properly involved.
It's going to vary by jurisdiction, but generally it's not kidnapping or abduction. There are often State criminal statutes specifically for harboring a runaway though.
Thanks. I was pretty sure it does end up being a crime in a lot of cases, if not a kidnapping.
Yeah. I'm not an expert in these jurisdictions, but at a glance it looks like Arizona and Montana have some statutes that could apply. And who knows what other jurisdictions she was in? The article doesn't say anything and it would be difficult, but showing up 40 miles from the border it's at least theoretically possible she was in Canada for some of that time.
Exactly why she probably waited till she was 18. Legal adult, she can now publicly acknowledge her safety without being forced back to her parents and/or being forced to divulge information on who they were staying with.
I hope it is not kidnapping but no good deed goes unpunished, right?