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What is the statute of limitation on a child abduction penal…

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What is the statute...

What is the statute of limitation on a child abduction penal code 278

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

California

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A child was abducted in 2012 but the police refuse to take report of abduction

Submitted: 7 months ago.Category: Criminal Law
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Answered in 2 hours by:
11/23/2017
Criminal Lawyer: Olivia Kent, Lawyer replied 7 months ago
Olivia Kent
Olivia Kent, Lawyer
Category: Criminal Law
Satisfied Customers: 4,072
Experience: Partner at Kent Law Group, LLC
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There is NEVER a statute of limitations expiration for child abduction.
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Customer reply replied 7 months ago
Where does it state that. Local law enforcement state it is beyond statute of limitations. They are helping to conceal the abduction.
Criminal Lawyer: Olivia Kent, Lawyer replied 7 months ago
There is NO state in this entire country that has a statute of limitations on child abduction. I don’t know if you want to tell me your specific situation bc it clearly seems that whoever you’re interacting with does not feel that whatever you’re discussing constitutes an abduction...
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Customer reply replied 7 months ago
The local law enforcement states we are beyond the statute of limitations for the abduction so they dismiss us and tell us we cannot file for the abduction and they refuse to accept any report of an abduction.
Criminal Lawyer: Olivia Kent, Lawyer replied 7 months ago

And this is in the US?!?!

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Criminal Lawyer: Olivia Kent, Lawyer replied 7 months ago

Hang on... I think we may be having two different conversations. Are you speaking of parental kidnapping?

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Criminal Lawyer: Olivia Kent, Lawyer replied 7 months ago

California Penal Code 278 discusses "child stealing" or "detainment or concealment of a child from legal custodian."

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Criminal Lawyer: Olivia Kent, Lawyer replied 7 months ago

In California, this crime does not fall under the same statute of limitations as murder, embezzlement of public funds, certain crimes against children (although I don't see how child stealing wouldn't fall under "crimes against children"). It appears that violations of 278 have AT MOST a 6 year State of Limitations.

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Criminal Lawyer: Olivia Kent, Lawyer replied 7 months ago

offenses punishable by 8 or more years in prison have a 6 year SOL

http://statelaws.findlaw.com/california-law/california-criminal-statute-of-limitations-laws.html

Not in state, max. extension 3 yrs.; statutory periods do not begin until offense is or should have been discovered.

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Customer reply replied 7 months ago
Local law enforcement helped with the abduction and false conviction against my wifet and that's only a little bit of the crimes committed. It is insane the amount of crime over the abduction and subsequent cover-up of the child abduction.
Criminal Lawyer: Olivia Kent, Lawyer replied 7 months ago

Your wife was convicted for child stealing? I'm not sure I follow...

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Customer reply replied 7 months ago

A person helping the family of ************, the biological father of ***********, filed false charges against my wife. I would have to email you the documents for you to grasp the magnitude of what happened. I would love for you to see what has occurred. You would be terrified that this occurred in our nation.

Customer reply replied 7 months ago

My emsil address is : *************.com My phone is low on power. I may be cut off soon.

Criminal Lawyer: Olivia Kent, Lawyer replied 7 months ago

I've looked up the penalties for that crime for you and they are as follows:

Penal Code 278: prosecutors may charge child abduction as either a misdemeanor or a felony, depending on

  1. the circumstances of the offense, and
  2. your criminal history.

If you are convicted of the misdemeanor, you face up to one year in a county jail and a maximum $1,000 fine.

If you are convicted of the felony, you face either (a) probation and up to one year of county jail, or (b) two, three or four years in the California state prison and a maximum $10,000 fine. ∗If you abduct a child in violation of a custody order...Penal Code 278.5 PC (discussed below in Section 4. Related Offenses)...the penalties are similar, except that the felony charge subjects you to 16 months or two or three years in prison instead of two, three or four years.26

In addition to these penalties, the defendant must pay restitution to the prosecuting agency and/or the victim...or to anyone acting on the victim's behalf...for any costs reasonably incurred in locating and returning the child to the victim.

https://www.shouselaw.com/child-abduction.html

To be honest, looking at this further, I don't even think a six year statute of limitations is possible since it wouldn't be punishable by 8 or more years in prison... possible, though, if the "not in state" max extension is applied.

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Criminal Lawyer: Olivia Kent, Lawyer replied 7 months ago

Where is the child now? With which family member? Do you know?

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Criminal Lawyer: Olivia Kent, Lawyer replied 7 months ago

Not all crimes are governed by statutes of limitation. Murder, for example, has none. In some states sex offenses with minors, crimes of violence, kidnapping, arson, and forgery have no statutes of limitation. I purposely highlighted kidnapping b/c "child stealing" actually doesn't fall under the same umbrella as kidnapping - and CA penal code 278 covers child stealing. In California crimes involving public money or public records have no statutes of limitation but child stealing does... that's completely shocking in my opinion...

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Criminal Lawyer: Olivia Kent, Lawyer replied 7 months ago

I'm going to request that public access to this question be blocked - so you can see it but it won't be searchable given the sensitive nature of the question...

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Customer reply replied 7 months ago
The mijor was emancipated in texas 19 feb2015 where the court had no jurisdiction, she was not a resident of texas, the person claiming to be legal guardian was never the legal guardian, the court knew of the existing custody and guardianship on California yes an illegal guardianship violating the custody order, and more
Criminal Lawyer: Olivia Kent, Lawyer replied 7 months ago

That's horrible!

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Customer reply replied 7 months ago
1 % battery. Iwill resume tomorrow
Criminal Lawyer: Olivia Kent, Lawyer replied 7 months ago

Ok.

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Criminal Lawyer: Olivia Kent, Lawyer replied 7 months ago

Have a good night.

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