Runaway creates a kidnapper

[Gamergirl90]

Isnt determining guily or innocence something we have trials for? Since when is it necessary to be able to prove someone committed a crime in order to arrest them?

Not 'proof beyond reasonable doubt', but certainly a 'prima facie'-standard proof. On what has been made available here, that isn't satisfied. Kidnapping requires coercion of the person being kidnapped. It must be conducted against their will. It must be able to be established to be the case. And age is not a factor here (for kidnapping itself), as there is no explicit suggestion of sexual misconduct.

No case for kidnapping to answer.

This is incorrect. Specifically this is the law in new york:

 A person is so moved or confined “without consent” when such is accomplished by (a) physical force, intimidation or deception, or (b) any means whatever, including acquiescence of the victim, if he is a child less than sixteen years old or an incompetent person and the parent, guardian or other person or institution having lawful control or custody of him has not acquiesced in the movement or confinement


When the kidnappee is under the age of 16 their consent is irrelevant

[Gamergirl90]

He transported a minor, without the knowledge and consent of her parents, to an area the did not know. Seems quite possible that he did kidnap her.

She arranged the entire thing because she wanted to run away. Should the adult be punished for enabling her running away? Absolutely. It's not okay to facilitate delinquency. But that's all this was. It wasn't a kidnapping.

Why is it NOT kidnapping? And please, before answering, actually reference the actual laws in the actual state of New York like we are actually discussing.

Becade this whole discussion seems to be a bunch of people sorta...deciding for themselves what the law is without actually looking it up. I found it. It's not hard. Took 30 seconds.

And every person who argues that it's not kidnapping because she agreed to it, she wanted it, she set it up, in the time it took you to type that you could have looked up the law in the state of NY and found the same thing I found. When under the age of 16 acquiescence of the victim does not matter

[Ethel mermania]

Other than being stupid himself

The whole thing was really her fault. She arranged it. So she was more stupid.

See the adult is suppose to be the... Well adult about it. Picking up a 12 year old is bad, if her life sucked so much. DYFUS (DIVISION of youth and family services). should have been called.

[Ethel mermania]

As to the poll. 4 & 7

I am not sure what and if any charges I want pressed, but I do want child services to take a look at the 12 year olds family.

[Katganistan]

How does one hook up with a gut?

Through the mouth, down the esophagus and then continuing through the stomach, large and small intestines, presumably.

[Des-Bal]

Why is it NOT kidnapping? And please, before answering, actually reference the actual laws in the actual state of New York like we are actually discussing.

Becade this whole discussion seems to be a bunch of people sorta...deciding for themselves what the law is without actually looking it up. I found it. It's not hard. Took 30 seconds.

And every person who argues that it's not kidnapping because she agreed to it, she wanted it, she set it up, in the time it took you to type that you could have looked up the law in the state of NY and found the same thing I found. When under the age of 16 acquiescence of the victim does not matter

Since you've read the law so well why don't you tell me which statute should apply and why you think it fits here.

[Gamergirl90]

Why is it NOT kidnapping? And please, before answering, actually reference the actual laws in the actual state of New York like we are actually discussing.

Becade this whole discussion seems to be a bunch of people sorta...deciding for themselves what the law is without actually looking it up. I found it. It's not hard. Took 30 seconds.

And every person who argues that it's not kidnapping because she agreed to it, she wanted it, she set it up, in the time it took you to type that you could have looked up the law in the state of NY and found the same thing I found. When under the age of 16 acquiescence of the victim does not matter

Since you've read the law so well why don't you tell me which statute should apply and why you think it fits here.

What do you mean "since I've read it"? Haven't you? You wouldnt opine about whether a law was reasonably applied if you didn't actually read the law, would you?

[Des-Bal]

What do you mean "since I've read it"? Haven't you? You wouldnt opine about whether a law was reasonably applied if you didn't actually read the law, would you?

Let me be clear: I have read it, it doesn't apply here, I believe that you have either not read the law or not read the law careful opting instead to look to the definition of a single term.

And keep in mind, I entered this thread noting the same thing you did and coming to a different result.

[LimaUniformNovemberAlpha]

Accept or invite them in, keep them preoccupied whilst you call the police, have the police take them off of your hands. You want to lure them into a false sense of security, to not run away again. Once the police have them detained, you'll have nothing to worry about and ideally, your part or involvement is over. More importantly, you wouldn't get caught with them unnecessarily to where it looks bad.

I don't think I would want to do that, some runaways are leaving abusive homes where what their parents do to them may not actually be illegal but still really fucked up, plus with how runaways can be charged with a crime, I would feel guilty if they ended up in juvie because I called the police.

If I encountered a runaway who asked for my help, I would look up a shelter for minors and point them in that direction, and offer some food and money to help them out before parting ways. This probably isn't a popular opinion, but most runaways are that way in the first place because the system failed them, and I've heard a lot of horror stories about how kids in foster care are treated. My aunt and uncle are foster parents and they are very compassionate and competent, but that seems to be the exception rather than the rule.

I just couldn't live with myself if calling the police on a runaway got them sent back to an abusive home.

In light of this, perhaps the laws on this matter need to be re-evaluated.