Lack of consent in kidnapping and crimes involving restraint
For kidnapping and similar crimes, the law says the victim must not have agreed to being held or moved. A person cannot legally agree if they are under 14 years old or if they are incapacitated. Agreement does not count if it was forced.
556.101. Lack of in kidnapping and crimes involving . — 1. It is an element of the offenses described in sections 565.110 to 565.130 that the , movement or restraint be committed without the consent of the victim.
2. Lack of consent results from:
(1) ; or
(2) .
3. A person is incapable of consent if he is:
(1) Less than fourteen years of age; or
(2) .
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Source & history notes
(L. 1977 S.B. 60, A.L. 2014 S.B. 491) Transferred 2014; formerly 565.100; Effective 1-01-17
Related Missouri laws
Code definitions
RSMo 556.061
Conviction of included offenses
RSMo 556.046
Limitation on conviction for multiple offenses
RSMo 556.041
Time limitation to prosecute
RSMo 556.038
Time limitations for prosecutions for sexual offenses involving a person under eighteen
RSMo 556.037
Time limitations
RSMo 556.036
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.