According to California Penal Code Section 278, child abduction is malicious taking, enticing, keeping, withholding, or concealing a child with the intention to detain or conceal the child from his legal custodian.
The prosecutor must establish the following elements to prove that defendant is guilty of PC 278 child abduction:
Crimes of child abduction and kidnapping should not be interpreted as the same. Kidnapping is a crime against the kidnapped person while child abduction is a crime against both the child abducted and the parent of the abducted child.
In case the defendant is a lawful custodian of the child, he cannot be found guilty of this offense. A parent entitled to custody cannot be liable for abducting his own child.
Taking a child from a person who is not the lawful custodian of the child is not considered a violation of California PC Section 278. However, depending on the case circumstances, the defendant may face charges for kidnapping.
A child can only be detained or taken in violation of custody or visitation order only if there is a reasonable belief and good faith that the child may suffer bodily injury or emotional harm by staying with a parent or legal guardian. In case the defendant detains a child for protection he must immediately contact the local District Attorney’s Child Abduction Unit and follow reporting instructions for escaping punishment.
California PC Section 278 is a wobbler and can either be charged as a misdemeanor or a felony, depending on the case circumstances and the defendant’s criminal history.
Penalties for a PC 278 misdemeanor conviction include the following:
Penalties for a PC 278 felony conviction include the following:
Additionally, the defendant may be subject to pay restitution to the prosecuting agency, the victim or to any person acting on the victim’s behalf, for any costs reasonably incurred in locating and returning the child to the victim.
The court will determine the penalty based on mitigating or aggravating factors presented by the prosecutor.
If you or a loved one has been arrested for Penal Code Section 278, child abduction we invite you to contact KAASS LAW (310) 943-1171 for a free consultation with our criminal defense attorney.
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