Defenses to kidnapping in the third degree
This law lists ways someone does not commit third-degree kidnapping when it involves a child under 17. One way is if a parent, guardian, or supervising adult said it was okay to restrain the child. Another way is if the person is a relative of the child, their only goal was to take control of the child, and they did not take the child out of Missouri. Relatives include parents, stepparents, grandparents, siblings, aunts, uncles, and adoptive family of the same type. The person accused must be the one to bring up these defenses in court.
565.140. s to . — 1. A person does not commit the of kidnapping in the third degree under section 565.130 if the person restrained is a child less than seventeen years of age and:
(1) A parent, or other person responsible for the general supervision of the child's welfare has consented to the ; or
(2) The person is a relative of the child; and
(a) The person's sole purpose is to assume control of the child; and
(b) The child is not taken out of the state of Missouri.
2. For the purpose of this section, "relative" means a parent or stepparent, ancestor, sibling, uncle or aunt, including an of the same degree through marriage or adoption.
3. The shall have the of a defense under this section.
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Source & history notes
(L. 1977 S.B. 60, A.L. 2014 S.B. 491) Effective 1-01-17
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.