New Orleans Kidnapping Lawyer

If you need legal assistance with a kidnapping matter, contact our law firm today.

  Interference with the Custody of a Child

Interference with the custody of a child is the intentional taking, enticing, or decoying away of a minor child by a parent not having a right of custody, with intent to detain or conceal such child from a parent having a right of custody pursuant to a court order or from a person entrusted with the care of the child by a parent having custody pursuant to a court order.

It shall be an affirmative defense that the offender reasonably believed his actions were necessary to protect the welfare of the child.

Whoever commits the crime of interference with the custody of a child shall be fined not more than $500.00 or be imprisoned for not more than 6 months, or both.  Costs of returning a child to the jurisdiction of the court shall be assessed against any defendant convicted of a violation of this Section, as court costs as provided by the Louisiana Code of Criminal Procedure.

Whoever is convicted of Interference with the Custody of a Child shall register as a Sex Offender with the state for 15 years to be conducted annually.

Simple Kidnapping

Simple kidnapping is:

(1) The intentional and forcible seizing and carrying of any person from one place to another without his consent.

(2) The intentional taking of any child not his own and under the age of 14 years, without the consent of its parent.

(3) The intentional taking without the consent of the proper authority, of any person who has been lawfully committed to any orphan, insane, feeble-minded or other similar institution.

(4) The intentional taking and removing from the state, by any parent of his or her child, from the custody of any person to whom custody has been awarded by any court of competent jurisdiction of any state, without the consent of the legal custodian.

(5) The taking and removing from the state, by any person, other than the parent, of a child temporarily placed in his custody by any court of competent jurisdiction in the state.
Whoever commits the crime of simple kidnapping shall be fined not more than $5,000.00, imprisoned with or without hard labor for not more than 5 years, or both.

Whoever is convicted of Simple Kidnapping of a minor under age 18 shall register as a Sex Offender with the state for Life, to be conducted annually.

 Simple Kidnapping is considered a Crime of Violence.

Aggravated Kidnapping of a Child

Aggravated kidnapping of a child is the unauthorized taking, enticing and removing from a location by any person other than a parent, grandparent, or legal guardian of a child under the age of 13 years with the intent to secret the child from his parent or legal guardian.
Whoever commits the crime of aggravated kidnapping of a child shall be punished by life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence.

* Notwithstanding the provisions above, if the child is returned not physically injured or sexually abused, then the offender shall be punished in accordance with the provisions of  Second Degree Kidnapping (below).

Whoever is convicted of Aggravated Kidnapping of a Child shall register as a Sex Offender with the state for Life, to be conducted annually.
Aggravated Kidnapping of a Child is considered a Crime of Violence.

Second Degree Kidnapping

Kidnapping is defined as the following:

  • The forcible seizing and carrying of any person from one place to another; or
  • The enticing or persuading of any person to go from one place to another; or
  • The imprisoning or forcible secreting of any person.

Second degree kidnapping is the doing of any act that constitutes Kidnapping wherein the victim is:

(1) Used as a shield or hostage;

(2) Used to facilitate the commission of a felony or the flight after an attempt to commit or the commission of a felony;

(3) Physically injured or sexually abused;

(4) Imprisoned or kidnapped for seventy-two or more hours, or

(5) Imprisoned or kidnapped when the offender is armed with a dangerous weapon or leads the victim to reasonably believe he is armed with a dangerous weapon.

Whoever commits the crime of second degree kidnapping shall be imprisoned at hard labor for 5 to 40 years. At least 2 years of the sentence imposed shall be without benefit of parole, probation, or suspension of sentence.

Whoever is convicted of Second Degree Kidnapping shall register as a Sex Offender with the state for Life, to be conducted annually.
Second Degree Kidnapping is considered a Crime of Violence.

 Aggravated Kidnapping

Aggravated kidnapping is the doing of any of the following acts with the intent to force the victim, or some other person, to give up anything of apparent value, or to grant any advantage, in order to secure a release of the person under the offender’s actual or apparent control:

(1)  The forcible seizing and carrying of any person from one place to another; or

(2)  The enticing or persuading of any person to go from one place to another; or

(3)  The imprisoning or forcible secreting of any person.

Whoever commits the crime of aggravated kidnapping shall be punished by life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence.  

Whoever is convicted of Aggravated Kidnapping shall register as a Sex Offender with the state for Life, to be conducted annually.

Aggravated Kidnapping is considered a Crime of Violence.

Disclaimer:

Laws and policies can change at any time rendering the above information outdated or non-applicable. We strongly encourage you to look at City, Parish, and State statutes for the most recent laws and to consult a Louisiana licensed attorney.

 

Originally Published November 2011