565.140. Defenses to kidnapping in the third degree.
Some family situations are not considered kidnapping.
This law explains when holding a child under age 17 does not count as third-degree kidnapping, especially when family or legal permission is involved.
1. A person does not commit third-degree kidnapping if the child is under 17 and:
- (1) A parent, guardian, or person responsible for the child agreed to it; or
- (2) The person is a relative, and:
- (a) They only wanted to take care of the child; and
- (b) They did not take the child out of Missouri.
2. “Relative” means a parent, stepparent, grandparent, sibling, uncle, or aunt — including adoptive or married-in relatives of the same type.
3. The defendant has the responsibility to bring up this kind of defense if it applies.
Contact us online or call (314) 900-HELP to talk with a Missouri criminal defense lawyer.
