Hello and thank you for allowing me the opportunity to assist you.
Please note that my answers are only intended to be general/educational information
rather than specific legal advice
. If you need specific legal advice, then you must consult with a local attorney in your jurisdiction.
You can read the entire law HERE
. First and foremost, a violation of that law is a misdemeanor
, so jail/prison is unlikely (though possible). Second, you'll note that the law states that the person taken from custody must be under 18, unless the person is mentally ill, committed to an institution, or a ward of the state. Since the girl is 18, and was taken from her parents house, it sounds like the only way your brother could be guilty would be if the girl is mentally ill. Assuming the girl is mentally ill, the state must still prove that your brother either knew
that she was mentally ill, or that he was reckless
in not determining that she was mentally ill (i.e., he should have known). The botXXXXX XXXXXne is that if I were your brother, I would, without a doubt, hire an attorney. This is not likely a simple case for the prosecutor to prove, although it depends on the evidence.
Have I satisfactorily addressed your concerns? If not, then feel free to let me know, as I will be happy to clarify my answer or help with your follow-up questions. In the meantime, please remember to click the green accept button
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