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TJ, Esq.
TJ, Esq., Attorney
Category: Criminal Law
Satisfied Customers: 11641
Experience:  JD, MBA
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My brother aged 49 left Iowa and traveled to Ohio where he

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My brother aged 49 left Iowa and traveled to Ohio where he picked up a girl from her parents home. She lied and said she was 20 when she was in fact 18. They had oral sex and he was arrested and charged with interfernce with custody. Will he go to jail or prison? Is this a felony?
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 so that I will receive credit and compensation for my time (doing so does not end our discussion). Positive feedback is always appreciated as well. Thank you and good luck!
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