Kidnapping

• Author: Timothy E. Zerillo
• Pages: 391-418

KIDNAPPING

10-1

CHAPTER 10

KIDNAPPING

In my experience, kidnapping cases are often overcharged, exaggerated versions of more minor crim-

inal conduct. I usually don’t get the type of case that the general public perceives as kidnapping—like

a stranger who grabs a child off the street or a perpetrator who holds the victim for ransom. If you

have one of those cases, it is likely making headlines locally, or even nationally, and the kidnapping

charge might be the least of your troubles (those stories rarely end well). Those types of cases, while

sensationalized, don’t form the bulk of most criminal lawyers’ kidnapping practice.

Rather, my kidnapping cases are often overcharged cases that come from one of two areas: 1) a

parent in a child custody matter who f‌lees with the children; or 2) an individual who, in the course of

using self-help to resolve a disagreement or right a perceived wrong, restrains another individual or

transports him or her from one place to another.

I. COMMON SCENARIOS

§10:01 Parental Kidnapping Cases

§10:02 The Self-Help Situation

II. FEDERAL AND STATE KIDNAPPING LAWS

A. Federal Laws

§10:10 The Federal Kidnapping Act

§10:11 Exclusion for Parents Who Kidnap Their Own Children

§10:12 International Parental Kidnapping Statute

§10:13 Aff‌irmative Defenses to Violation of International Parental Kidnapping Statutes

§10:14 SORNA

B. State Laws

1. General Kidnapping Statutes

§10:20 State Laws Vary Widely

§10:21 Model Penal Code

§10:22 Common Law Kidnapping

2. State Parental Kidnapping Statutes

§10:30 Is a Custody Order Required?

§10:31 Must the Child Be Removed from the State or Concealed?

§10:32 Defense of Imminent Harm

III. STRATEGIES AND TACTICS

§10:40 Discovery through the Family Matter in Parental Kidnapping Cases

§10:41 Abuse Defense in Parental Kidnapping Cases

§10:42 Consent Defenses in Non-Parental Kidnapping Cases

KIDNAPPING

Defending Specif‌ic Crimes 10-2

IV. TRIAL

A. Parental Kidnapping Cases

1. Opening Statement

§10:50 My Approach

§10:51 Sample Opening Statement

2. Cross Examination of Abusive Husband/Parent

§10:60 Key Points

§10:61 Establishing Bias Against the Defendant

§10:62 Bringing Out Abuse of the Defendant

§10:63 Termination of Parental Rights to Child of Prior Relationship

§10:64 Threats Against Prior Partner

3. Direct Examination of Defendant

§10:70 Usually Best to Avoid, but May Be Necessary with Abuse Defense

§10:71 Key Points

§10:72 Abusive Parent’s Threats Against Prior Partner

§10:73 Abusive Parent’s History of Abusing Defendant

§10:74 Abusive Parent’s Lack of Interest in Child

§10:75 Removing the Sting from Prosecutor’s Anticipated Cross

§10:76 Jealousy, Harassment, Threats—The Final Straw

4. Closing Argument

§10:90 My Approach

§10:91 Sample Closing Argument

B. The Self-Help Case

1. Opening Statement

§10:100 My Approach

§10:101 Sample Opening Statement

2. Cross-examination of Alleged Kidnapping Victim

§10:110 Key Points

§10:111 Extract Admission of Thefts and Prior Convictions

§10:112 Framing Consent Defense

3. Closing Argument

§10:120 My Approach

§10:121 Sample Closing Argument