where did our country go?

as time passes and money is needed to the point greed is our foundation to this country.  God has given us life, but man in his corrupt empire has stolen our freedom to plant roots. as each day passes and as many site that post against dcf that has wronged millions every where seem to get no where just more stories to our corrupt nation, this all has me feeling as if my dreams have switched places with my reality . in my dreams i have my grandkids their laughter, cries, hugs, kisses and love.  but in reality a money marking has broke my dream and gone against their reason to exsist in the first place which was to help families stay together, instead they use your children to be funded by our goverment and sell them to strangers. while our children are forced without their voice have been placed to live with strangers to be brainwashed with lies against the grieving family to why they are better to raise them. here is my nightmare: i moved myself and daughter to florida first to lakeland then to saint petersburg . i had married a man who i thought was in love with me, what he loved was my money to set his self up. he turned out to be a sexed craved man who cheated on me. in 2006 he tells me he loves me very very much but a week later i get served with a packet that states im not to have access to where we resided, the next day i find he has moved in his mistress who has slept on the same bed sheets i was just on the night before. everything including my personal things became theirs.my husband sent me some textes after the hearing stating i lied and won so why didnt i win, and they are building a case against me. i tried bringing that to the attention of the court but they didnt care.  they  told me who ever gets a restraing order first reguardless to the facts will win. the order was stated that i struck my step son in the upper torrso. im sure he had brusies cause he came home from school one day telling me he was in a fight with some boys, i wanted to bring that to the attention to his dad but he was against that due to his dad making fun of him, so i agreed i would keep it between us. that was what my husband used against me, later i asked my step son why he didnt tell the truth he said his dad made him lie that he didnt want to do it. i had that statement in writting but i believe when his dad would show up at my place he had removed it. i save everything and that piece of paper was gone. my daughter who was doing telemarking with a girl she knew asked to get paid the girl paid her but a was with a check off a dead account. here come my sadness i did every thing to try to protect my daughter and as she was cashing her pay check the police arrive throw her in hand cuffs and call me to come get my grandkids that they were taking my daughter to jail over a check scam that has been in effect for quite some time, who was to know people cant be trusted and my daughter has worked to earn that pay. she didnt know that girl she was working with was being dirty. the police have said if they was further along with their investigation they wouldnt have arrested my daughter.well children and families contact me and tell me to file child support with the state  against the parents and to file for custody and if i needed any help at all to contact them. well at first i didnt need any help, then i ran into some wrongful actions with the day care my grandkids were at. one issue was my youngest was sat in a ant pile and had bites every where on his little body, so i take him to the doctors and get cream for the bites take the cream when he was at day care and leave them with instructions. it wasnt a day later i get a call while im at work telling me i need to come get him that he has been bite on the arm by another child. when i arrived he had a full impression of teeth on his fore arm. this time i take him to childrens hospital and he was ammited. while in the hospital he get mersa so every morning before i got to work i was check in on him. which i had to be at work by 8 am. in the mean time threw all of this i get a call from the police saying the want to talk with me that i was reported by my husbands gf i was in violation to the order. she is not on the order she had claimed that i was at their new place and had threaten her with a bat. i had informed them how so when  i was at work and have to check in with security as i enter my work place later i have gotten a written statement stating what time i arrived the time span did not add up to her allegations. so that was dropped. another issues i was dealing with was finding a sitter for my oldest grandson which i had asked my neighbor to fill in till i found another day care. she agreed so that gone on awhile till i found out that she and her grown son adult age has been abusing my oldest while favoring my youngest reason was skin color. my oldest was fathered by a italian mixed with black, my youngest was fathered by a fair skinned dad which was a friend of my daughters and oldest dad which had showed compassion due to my daughter being abused by my oldest grandsons dad.growing actions do have wrong situations

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Public notice of intent Congressional oversight on abuse of disabled U.S COMMISSION ON HUMAN RIGHTS SECRETARY CASTRO,HUD ADA UNITED STATES DEPARTMENT OF JUSTICE . CONGRESSMAN ,GREG WALDEN . HEARTH U.S. DEPARTMENT OF INTEGRACY COUNSEL. UNITED STATES COMMISSION ON ETHICS OFFICE OF CONGRESSIONAL INVESTIGATION. UNITED STATES DEPARTMENT OF AGRICULTURE SOCIAL SECURITY ADMINISTRATION . ACTUAL NOTICE FOR IMMEDIATE PROTECTION ORDER,NARROWING PRECEDENT PURSUANT TO ENSURE PROTECTION OF A DISABLED PERSON ENACTMENTS OF CONSTITUTIONAL AUTHORITY UPON THESE PROCEEDINGS UNDER PRECEDENT LAW BY THE US. SUPREME COURT. (EMPHASIS ORIGINAL ) . THE PETITIONER WAS RULED MENTAL HEALTH BY THE HONORABLE (,JUDGE LERH ),UNITED STATES ADMINISTRATIVE LAW JUDGE IS 100% DISABLED,BECAUSE OF HEAD INJURIES OR TBI. BRAIN SURGERY , FAILED HARDWARE IN MY SPINE . I AM HOMELESS . I AM INDIGENT . COMES NOW THE PLAINTIFF,UNDER THESE EXTREME AND DEBILITATING CONDITIONS AGAINST A DISABLED PERSON.THE PETITION COMES UNDER THE EIGHTH AMENDMENT OF THE US, CONSTITUTION.THE RIGHT TO BE PROTECTED AS A DISABLED PERSON.PRECEDENT RULE OF PROTECTION OF ABILITY TO FUNCTION IN SOCIETY. HIPPA.ABANDONMENT OF A DISABLED PERSON FOR FINANCIAL INCENTIVE.VIOLATION OF THE SHERMAN ANTITRUST ACT. 18 U.S. Code § 248 – Freedom of access to clinic entrances Current through Pub. L. 113-296, except 113-287, 113-291, 113-295. (See Public Laws for the current Congress.) US Code (a) Prohibited Activities.— Whoever— (1) by force or threat of force or by physical obstruction, intentionally injures, intimidates or interferes with or attempts to injure, intimidate or interfere with any person because that person is or has been, or in order to intimidate such person or any other person or any class of persons from, obtaining or providing reproductive health services; (2) by force or threat of force or by physical obstruction, intentionally injures, intimidates or interferes with or attempts to injure, intimidate or interfere with any person lawfully exercising or seeking to exercise the First Amendment right of religious freedom at a place of religious worship; or (3) intentionally damages or destroys the property of a facility, or attempts to do so, because such facility provides reproductive health services, or intentionally damages or destroys the property of a place of religious worship, shall be subject to the penalties provided in subsection (b) and the civil remedies provided in subsection (c), except that a parent or legal guardian of a minor shall not be subject to any penalties or civil remedies under this section for such activities insofar as they are directed exclusively at that minor. (b) Penalties.— Whoever violates this section shall— (1) in the case of a first offense, be fined in accordance with this title, or imprisoned not more than one year, or both; and (2) in the case of a second or subsequent offense after a prior conviction under this section, be fined in accordance with this title, or imprisoned not more than 3 years, or both; except that for an offense involving exclusively a nonviolent physical obstruction, the fine shall be not more than $10,000 and the length of imprisonment shall be not more than six months, or both, for the first offense; and the fine shall, notwithstanding section 3571, be not more than $25,000 and the length of imprisonment shall be not more than 18 months, or both, for a subsequent offense; and except that if bodily injury results, the length of imprisonment shall be not more than 10 years, and if death results, it shall be for any term of years or for life. (c) Civil Remedies.— (1) Right of action.— (A) In general.— Any person aggrieved by reason of the conduct prohibited by subsection (a) may commence a civil action for the relief set forth in subparagraph (B), except that such an action may be brought under subsection (a)(1) only by a person involved in providing or seeking to provide, or obtaining or seeking to obtain, services in a facility that provides reproductive health services, and such an action may be brought under subsection (a)(2) only by a person lawfully exercising or seeking to exercise the First Amendment right of religious freedom at a place of religious worship or by the entity that owns or operates such place of religious worship. (B) Relief.— In any action under subparagraph (A), the court may award appropriate relief, including temporary, preliminary or permanent injunctive relief and compensatory and punitive damages, as well as the costs of suit and reasonable fees for attorneys and expert witnesses. With respect to compensatory damages, the plaintiff may elect, at any time prior to the rendering of final judgment, to recover, in lieu of actual damages, an award of statutory damages in the amount of $5,000 per violation. (2) Action by attorney general of the united states.— (A) In general.— If the Attorney General of the United States has reasonable cause to believe that any person or group of persons is being, has been, or may be injured by conduct constituting a violation of this section, the Attorney General may commence a civil action in any appropriate United States District Court. (B) Relief.— In any action under subparagraph (A), the court may award appropriate relief, including temporary, preliminary or permanent injunctive relief, and compensatory damages to persons aggrieved as described in paragraph (1)(B). The court, to vindicate the public interest, may also assess a civil penalty against each respondent— (i) in an amount not exceeding $10,000 for a. 2.violation of the physician patient relationship,that was very personal and official,abandonment of a brain damaged patient without recourse and proper transition.i have in fact suffered immensely at the hands of this clearly foreseeable damage that has put my life in danger. forcible action of treatment by threat to leave the state without medical recourse.true of interest by the physicians staff that i have been through three clinics with. hippa violations. discrimination treatment forced for financial incentive of a disabled person sherman antitrust violations for ucc and refusal of treatment of medicaid and medicare patients under the us supreme court,it is more cruel to ban a citizen from society and being able to have a functional means of society is cruel.the death penalty in itself is more humane. the petitioner has no physician,has no medication ,which is struck down because of the traumatic brain and spinal cord injury act.the secretary of state and brain advisory counsel is legally obligated to ensure i’m protected. 3.I’ve been walking around with a broken back for four years.i have had brain surgery.i have epilepsy.i’ve had a broken jaw two places 23 days without treatment.i’ve had back surgery.i’ve had both lungs operated on.chronic migraines,chronic anxiety,ptsd,im ruled mental health by social security for the head injuries. the petitioner has been at a level of deprivation of human rights brutality that is not humane, In 1776, Thomas Jefferson proposed a philosophy of human rights inherent to all people in the Declaration of Independence, asserting that “all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” Historian Joseph J. Ellis calls the Declaration “the most quoted statement of human rights in recorded history”.[1] Human rights in the United States comprise a series of rights which are legally protected by the Constitution of the United States, including the amendments,[2][3] state constitutions, conferred by treaty, and enacted legislatively through Congress, state legislatures, and state referenda and citizens initiatives. Federal courts in the United States have jurisdiction over international human rights laws as a federal question, arising under international law, which is part of the law of the United States.[4] The human rights record of the United States of America is a complicated matter; first and foremost the Federal Government of the United States has, through a ratified constitution and amendments thereof, guaranteed unalienable rights to citizens of the country, and also to some degree, non-citizens. However, the historical evolution of these rights must be considered as well, as the periphery of the population of the United States who had access to these rights has expanded over time, and in accordance with the Universal Declaration of Human Rights has not fully expanded complete rights to all human beings within its borders as compared to the international standard set by the United Nations General Assembly, due to social and political issues that stem from its history. Contrary to its constitutionally-protected requirement towards respecting of human rights, the United States has been internationally criticized for its violation of human rights, including denying access to basic healthcare, shutting off water to impoverished citizens who cannot afford it,[5] deprivation of housing and criminalization of homelessness,[6] invading the privacy of its citizens through surveillance programs,[7] institutional racism, gender discrimination, police brutality,[8] the incarceration of citizens for profit, the mistreatment of prisoners and juveniles in the prison system,[7] crackdowns on peaceful protesters, the continued support for foreign dictators who commit abuses (including genocide) against their own people, unconstitutional denial of voting rights of certain races or political affiliations, and the illegal detainment and torture of prisoners at Guantanamo Bay.[7][9][10][11] Some observers give the U.S. high to fair marks on human rights[12][13][14] while others charge it with a persistent pattern of human rights UNITED NATIONS ,US SUPREME COURT STRICTLY PROHIBIT HUMAN ABUSE,THE AFOREMENTIONED WERE ALL BRUTAL IN TACTICS AND PROCESS OF ABUSE OF A DISABLED PERSON.STRICTLY PROHIBITED UNDER ARTICLE I, DISABILITIES AS A MATTER OF RECORD 1THE PETITIONER HAS A BROKEN BACK AND FAILED HARDWARE,Dr. Lee warren 2 THE PETITIONER HAS HAD A SHUNTING OF THE BRAIN ,professor Norman scott litofsky . 3THE PETITIONER HAS SUFFERED FROM CHRONIC PAIN FOR FIFTEEN YEARS,Dr Lee warren . 4 THE PETITIONER HAS HAD BACK SURGERY Dr Lee warren . 5THE PETITIONER HAS HAD LUNG SURGERY ,Dr Robert j. Derveloy . 6 THE PETITIONER HAS TRAUMATIC BRAIN INJURY Dr. Greg Parker . 6 THE PETITIONER HAS BEEN UNDER HIGH LEVEL PAIN MANAGEMENT FOR 8 YEARS. Dr Lee Warren . The state of Oregon has left a homeless ,disabled mental health patient, the case for narrowing is applied improperly ,moreover a united states judge allowed a state prison to endure a broken jaw without repair,for 23 days. Behind that you have the nation’s largest prison Healthcare provider correctional medical services ,yet in another suit. However ,the Estelle court does not compare to the petitioners medical issues.as we speak my back is broken,my jaw still has to be rebroken,I have epilepsy,ptsd,the judges judicial findings that I was in fact mental health and was highly advised that I stay away from public places and people. Moreover ,judge walker in the 11th circuit ,did not mirror those chief justice . Relief sought Compensatory relief for failure to protect a disabled person .Injunctive that all named in these proceedings be held by commercial affidavit lien until such discrimination stops punitive relief ten million dollars .

Adam and eve

we the people are no longer, our government has been turning into the anti christ. God created Adam & Eve to bear children and be fruitful, He created women for man gave the women a rib from the man, Adam which was to made to be a equal to the balance of mankind. Our government being the anti christ voted in same sex marriages in 2015. Our government also backs up planned parenthood  which David Daleiden had exposed its evil to the selling baby parts for profit. also backed is children & families that once was to help families stay together be torn apart and also sold for profit.Same sex marriages cant have children of their own so the kidnapping of our children are the pound for gays to adopt our children and raise them in sin! What once used to be a foundation of God, man & freedom roots are no longer rooted in our Government which at one time worked for the people, that now works for the anti christ. There is corruption in every corner to the rich and powerful anti christ people governing over us.

Support Judge Gorsuch’s Nomination

President Trump has nominated Judge Neil Gorsuch to succeed the Justice Antonin Scalia on the Supreme Court. This is a bold move for religious freedom, for the lives of the unborn, and for the conservative voice as a whole. Judge Gorsuch, a proven constitutionalist and proponent of religious freedom, is just the sort of pro-life, originalist nominee we have been praying for.

Although Justice Scalia’s record on the Supreme Court will be hard to match, Judge Gorsuch’s list of qualifications and accomplishments is impressive:

  • graduated from Harvard and Oxford
  • clerked for two Supreme Court Justices
  • worked in the US Justice Department
  • spent more than a decade on the federal bench
  • was unanimously confirmed by the Senate for his seat on the 10th Circuit Court in 2006 (including all then-Senate Democrats)

Furthermore, he is a strict opponent of judicial activism and believes that judges ought to follow both the text and meaning of the original Constitution.

However, despite his qualifications, this nomination has already been met with extreme opposition. Liberal groups like NARAL, the ACLU, and People for the American Way have a vested interest in opposing Judge Gorsuch. His adherence to the original meaning of the Constitution will impede their agenda to advance a liberal judicial philosophy and continue the Supreme Court’s pattern of judicial activism.

Therefore, it is urgently imperative for us to rally to support the nomination of Judge Gorsuch.  His confirmation could maintain the voice for constitutional conservatism on the high Court for years to come, and it is crucial that all Senate Republicans—and at least eight Democrats—support Judge Gorsuch. That is why we are urging you to sign this petition as we mobilize concerned Americans to urge the Senate towards the swift confirmation of Supreme Court Nominee Neil Gorsuch.

Your support could help to tip the balance in the favor of freedom for generations to come. Thank you!


Urgent Supreme Court Petition to Confirm Judge Neil Gorsuch

To: United States Senator [Your Senator’s name]

We applaud the nomination of Judge Neil Gorsuch to the United States Supreme Court. His strong record of upholding life, liberty, and constitutional freedom is exemplary. America deserves a Justice on the high court who respects the separation of powers, constitutional law, and state’s rights. We believe Judge Gorsuch will not be swayed by the culture or political correctness on issues of life and liberty. We urge you to act swiftly—confirm Judge Gorsuch—with the future of freedom in mind.

a crime

a crime is a unlawful act against another, but when a organization commits a crime its not the same even though the acts are the same. children and families initial start was to protect the children but as greed has taken over that protecting became a money industries backed by our government to steal a child from a loving home and pay a waiting stranger to brainwash that childs head to believe they were not loved and were being abused by their blood family.this is my nightmare, i had my grandkids placed in my care when my daughter that her babies daddy was abusive towards her and at the time this took place he was in prison for selling drugs. my daughter was doing telemarking and was paid what she didnt know she was being paid from a account that was dead. she had taken her paycheck to get cashed as she was waiting the police arrived and placed her under arrest for a check ring. the officiers had told her if they was further along in their investiongation they would not be arresting her. so i get a call from the sherriffs to come get my grandkids and landed a visit from cps telling me that i am getting custody but need to go to court to get full custody, well being single and working full time didnt leave me any time to file. i have been busy dealing with a lawsuit from the states day care that landed my youngest into the hospital from the first issues was the daycare was not paying attention to the kids and that resulted with me taking him to our family doctor due to bug bites red ants had bitten him all over. i was given creame to apply and had given the day care instructions  when to apply. that was never treated, the other issue i had with them that he had to be taken to the hospitial was when he was bitten by another child on his forearm that he got ammited into the childrens hospitial. later he had gotten merca. so without anyone to watch the boys age 2 and 4 i consulted my neighbor as she agreed but later had found out she had been her and 18 year old son has been abusing my oldest so i pulled them from her care that left me without a sitter. so i ask my boss to work part time till i get a sitter he agreed so i remember when cps placed the boys had told me if i needed anything to call them, well i did but didnt hear back from them till i moved and a girl i knew needed a place to stay so i said sure but i need a sitter and she agreed. working monday threw friday only left me the weekends to do anything and since my new place was upstairs i needed to to do alot to make a safe home so as i was working on the apt she i thought was watching the boys i had asked her where p.j was and her reply was i thought he was with me. well now i lost my grandchild i look out the window and see largo police so i go to the church parking lot where they were having a fun day and find my grandson with the police as they tell me about the dangers out there they release him back to me. well p.j didnt want to leave the excitement but had no choice so this is when i hear from cps when pj got up the next morning and left the house on his own and was wondering aroung the churches parking lot that a lady from the apartments on the other side of the church called the police and in turned had called cps stating they didnt know where the child lived.i had the boys 2 years before this all took place and the only reason i was told that they would not be returned was cause my cheating husband had put a restraining order against me so he could move his mistress in. when it came to going to court i being the grandparent was told i had no voice but the strangers that were contacted to take the boys were allowed. so as of 2017 i dont have my only blood other then my daughters in my life. pasty and anthony you will always be in my heart and prayers and one day will come across the truth to what and why you were ripped from your blood family

kidnapping

The crime of unlawfully seizing and carrying away a person by force or Fraud, or seizing and detaining a person against his or her will with an intent to carry that person away at a later time.

The law of kidnapping is difficult to define with precision because it varies from jurisdiction to jurisdiction. Most state and federal kidnapping statutes define the term kidnapping vaguely, and courts fill in the details.

Generally, kidnapping occurs when a person, without lawful authority, physically asports (i.e., moves) another person withoutthat other person’s consent, with the intent to use the abduction in connection with some other nefarious objective. Under theModel Penal Code (a set of exemplary criminal rules fashioned by the American Law Institute), kidnapping occurs whenany person is unlawfully and non-consensually asported and held for certain purposes. These purposes include gaining aransom or reward; facilitating the commission of a felony or a flight after the commission of a felony; terrorizing or inflictingbodily injury on the victim or a third person; and interfering with a governmental or political function (Model Penal Code §212.1).

Kidnapping laws in the United States derive from the Common Law of kidnapping that was developed by courts in England.Originally, the crime of kidnapping was defined as the unlawful and non-consensual transportation of a person from onecountry to another. In the late nineteenth and early twentieth centuries, states began to redefine kidnapping, most notablyeliminating the requirement of interstate transport.

At the federal level, Congress passed the Lindbergh Act in 1932 to prohibit interstate kidnapping (48 Stat. 781 [codified at18 U.S.C.A. §§ 1201 et seq.]). The Lindbergh Act was named for Charles A. Lindbergh, a celebrated aviator and Air Forcecolonel whose baby was kidnapped and killed in 1932. The act provides that if a victim is not released within 24 hours afterbeing abducted, a court may presume that the victim was transported across state lines. This presumption may be rebuttedwith evidence to the contrary. Other federal kidnapping statutes prohibit kidnapping in U.S. territories, kidnapping on the highseas and in the air, and kidnapping of government officials (18 U.S.C.A. §§ 1201 et seq., 1751 et seq.).

A person who is convicted of kidnapping is usually sentenced to prison for a certain number of years. In some states, and atthe federal level, the term of imprisonment may be the remainder of the offender’s natural life. In jurisdictions that authorizethe death penalty, a kidnapper is charged with a capital offense if the kidnapping results in death. Kidnapping is so severelypunished because it is a dreaded offense. It usually occurs in connection with another criminal offense, or underlying crime.It involves violent deprivation of liberty, and it requires a special criminal boldness. Furthermore, the act of moving a crimevictim exposes the victim to risks above and beyond those that are inherent in the underlying crime.

Most kidnapping statutes recognize different types and levels of kidnapping and assign punishment accordingly. New YorkState, for example, bases its definition of first-degree kidnapping on the purpose and length of the abduction. First-degreekidnapping occurs when a person abducts another person to obtain ransom (N.Y. Penal Code § 135.25 [McKinney 1996]).First-degree kidnapping also occurs when the abduction lasts for more than 12 hours and the abductor intends to injure thevictim; to accomplish or advance the commission of a felony; to terrorize the victim or a third person; or to interfere with agovernmental or political function. An abduction that results in death is also first-degree kidnapping. A first-degree kidnappingin New York State is a class A-1 felony, which carries a sentence of at least 20 years in prison70.00).

New York State also has a second-degree kidnapping statute. A person is guilty of second-degree kidnapping if he or sheabducts another person135.20). This crime lacks the aggravating circumstances in first-degree kidnapping, and it isranked as a class B felony. A person who is convicted of a class B felony in New York State can be sentenced to one toeight years in prison70.00).

Two key elements are common to all charges of kidnapping. First, the asportation ordetention must be unlawful. Undervarious state and federal statutes, not all seizures and asportations constitute kidnapping: Police officers may arrest and jaila person they suspect of a crime, and parents are allowed to reasonably restrict and control the movement of their children.

Second, some aggravating circumstance must accompany the restraint or asportation. This can be a demand for money; ademand for anything of value; an attempt to affect a function of government; an attempt to inflict injury on the abductee; anattempt to terrorize a third party; or an attempt to commit a felony.

In most states, kidnapping statutes specify that any unlawful detention or physical movement of a child, other than thatperformed by a parent or guardian, constitutes kidnapping. An abduction of a child thus need not be accompanied by someother circumstance, such as Extortion or physical injury, to qualify for the highest level of kidnapping charge. In the absenceof an aggravating circumstance, an unlawful, non-consensual restraint or movement is usually charged as something lessthan the highest degree or level of kidnapping.

Many states have enacted special laws for Carjacking, a specialized form of kidnapping. Generally, carjacking occurs whenone person forces a driver out of the driver’s seat and steals the vehicle. Carjacking is a felony whether the aggressor keepsthe victim in the car or forces the victim from the car. In California, a carjacking statute is contained within the penal code’schapter on kidnapping, and it carries a sentence of life imprisonment without the possibility of parole. (Cal. Penal Code §209.5 [West]).

Kidnapping laws are similar to laws on unlawful or felonious restraint, parental kidnapping, and False Imprisonment. Thesecrimes cover the range of unlawful-movement and unlawful-restraint cases. Felonious or unlawful restraint, also known assimple kidnapping, is the unlawful restraint of a person that exposes the victim to physical harm or places the victim inSlavery. It is a lesser form of kidnapping because it does not require restraint for a specified period or specific purpose (suchas to secure money or commit a felony). False imprisonment is a relatively inoffensive, harmless restraint of another person.It is usually a misdemeanor, punishable by no more than a year in jail. Parental kidnapping is the abduction of a child by aparent. The law on parental kidnapping varies from jurisdiction to jurisdiction: Some jurisdictions define it as a felony, othersas a misdemeanor. Many states consider parental kidnapping to be less offensive than classic kidnapping because of thestrong bond between parents and children.

The chief judicial concern with the charge of kidnapping is Double Jeopardy, which is multiple punishment for the sameoffense. It is prohibited by the Fifth Amendment to the U.S. Constitution. Kidnapping often is an act that facilitates anotheroffense, such as rape, Robbery, or assault. Rape, robbery, and assault often involve the act of moving a person against hisor her will, which is the gravamen (i.e., the significant element) of a kidnapping charge. Thus, a persistent problem withkidnapping prosecutions is in determining whether a kidnapping conviction would constitute a second punishment for thesame act.

Legislatures have passed statutes, and courts have fashioned rules, to prevent and detect double jeopardy in kidnappingcases. Generally, these laws and rules hold that for kidnapping to be charged as a separate crime, some factor must set theasportation apart from a companion crime. Most courts will sustain multiple convictions if the asportation exposes the victimto increased risk of harm or results in harm to the victim separate from that caused by the companion offense. In otherjurisdictions, the test is whether the asportation involves a change of environment or is designed to conceal a companionoffense.

In most states, an asportation of a few feet may constitute the separate offense of kidnapping; in other states, distance isnot a factor. In New York State, for example, the focus of the kidnapping statute is not distance, but purpose. Thus, anasportation of 27 city blocks might not constitute kidnapping if it is merely incidental to a companion crime (People v. Levy,15 N.Y.2d 159, 256 N.Y.S.2d 793, 204 N.E.2d 842 [N.Y. 1965]). Likewise, an asportation from the borough of Manhattan tothe borough of Queens might not constitute kidnapping if it plays no significant role in the commission of another crime(People v. Lombardi, 20 N.Y.2d 266, 282 N.Y.S.2d 519, 229 N.E.2d 206 [Ct. App. 1967]).

Some states have eliminated the asportation element from their kidnapping statutes. In Ohio, for example, kidnapping isdefined in part as restraining the liberty of another person (Ohio Rev. Code Ann. § 2905.01 [Baldwin 1996]). This creates anincreased risk of double jeopardy in kidnapping convictions because, by definition, every robbery, rape, or assault wouldconstitute kidnapping. However, the Ohio state legislature has enacted a statute that prohibits multiple convictions for thesame conduct unless the defendant exhibits a separate animus (i.e., a separate intent) to commit a separate crime2941.25). Whether the prosecution proves a separate animus to kidnap is a Question of Fact based on the circumstancessurrounding the crime.

In State v. Logan, 60 Ohio St. 2d 126, 397 N.E.2d 1345, 14 Ohio Op. 3d 373 (1979), the Supreme Court of Ohio held that thedefendant could not be convicted of both rape and kidnapping when he had moved the victim a mere few feet and hadreleased the victim immediately after the rape. Under the facts of the case, the asportation had no significance apart from therape offense. According to the court, the defendant had displayed no animus beyond that necessary to commit rape, sopunishment for both rape and kidnapping was not warranted.

In contrast, in State v. Wagner, 191 Wis. 2d 322, 528 N.W.2d 85 (Ct. App. 1995), the appeals court upheld a separateconviction for kidnapping. In Wagner, the defendant approached two women on two separate occasions in a laundromat.Both times, the defendant tried to force the women into a bathroom to rape them. He was convicted of two counts ofattempted first-degree sexual assault, one count of kidnapping while armed, and one count of attempted kidnapping whilearmed. On appeal, he argued that he should not have been convicted of kidnapping because, under section 940.31(1)(a) ofthe Wisconsin Statutes, kidnapping is defined in part as the carrying of a person “from one place to another,” and he had nottaken his victims to another place. The court disagreed, holding that forced movement from one room to another falls withinthe meaning of the kidnapping statute. Ultimately, the appeals court affirmed the defendant’s sentence of 72 years in prison.

The kidnapping of children has presented a particularly emotional issue for lawmakers. In 1984, in response to thekidnapping and murder of his child Adam, John Walsh founded the National Center for Missing and Exploited Children(NCMEC). NCMEC serves as a resource in providing assistance to parents, children, law enforcement, schools, and thecommunity in recovering missing children and raising public awareness about ways to help prevent child abduction.

In 1996, the kidnapping and murder of Amber Hagerman in Texas inspired the Dallas/Fort Worth Association of RadioManagers and local law enforcement agencies in north Texas to create the nation’s first “AMBER Alert” plan. AMBER, inaddition to being Amber Hagerman’s first name, also serves as an acronym for America’s Missing: Broadcast EmergencyResponse. “Amber Alert” plans allow the development of an early warning system to help find abducted children bybroadcasting information over radio and television to the public as quickly as possible. This information includes descriptionsand pictures of the missing child, the suspected abductor, a suspected vehicle, and any other information available andvaluable to identifying the child and suspect.

From its beginnings in Texas, the AMBER Alert system spread until, by 2002, 55 versions had been adopted at local,regional, and statewide levels. Eighteen states had adopted the plan by 2002, urged on by the NCMEC, which adopted theAMBER Alert as one of its top priorities. As a result, many people were convinced that the late 1990s and new millenniumsaw a sharp decline in child kidnappings, which were well publicized, thanks to AMBER Alerts. In fact, the FBI reported thatchild abductions had actually declined from the 1980s, from an average between 200 and 300 per year to only 93 in 2000.

The AMBER Alerts were considered so successful—credited with recovering 30 children—that Congress passed a nationalAMBER Alert bill as part of the Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today(PROTECT) Act of 2003, Pub. L. No. 108-21, 117 Stat. 650. Under this bill, the attorney general, in cooperation with thesecretary of transportation and the chairman of the Federal Communications Commission (FCC), appoints a NationalAMBER Alert Coordinator to oversee the communication network. The AMBER Alert Coordinator at the Justice Departmentworks with states, broadcasters, and law enforcement agencies to set up AMBER plans, to serve as a point of contact tosupplement existing AMBER plans, and to facilitate appropriate regional coordination of AMBER Alerts. Grants wereprovided to help set up effective AMBER Alert programs at the state and local levels.

Further readings

Blinka, Daniel D., and Thomas J. Hammer. 1995. “Court of Appeals Digest.” Wisconsin Lawyer 68 (April).

Diamond, John L. 1985. “Kidnapping: A Modern Definition.” American Journal of Criminal Law 13.

Hillebrand, Joseph R. 1991. “Parental Kidnapping and the Tort of Custodial Interference: Not in a Child’s Best Interests.”Indiana Law Review 25.

Kaplan, John, and Robert Weisberg. 1991. Criminal Law: Cases and Materials. 2d ed. Boston: Little, Brown.

Leahy, Patrick. 2002. Statement Regarding an AMBER Alert National System. Washington D.C.: Federal Document ClearingHouse (September 4).

National Center for Missing and Exploited Children. “National AMBER Alert Network Will Now Become Law.” Available onlineat <http://www.ncmec.org>.

Onion, John F. 1995. “Mass Media’s Impact on Litigation: A Judge’s Perspective.” Review of Litigation 14.

Cross-references

Hearst, Patty; Lindbergh Kidnapping.

West’s Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

kidnapping

n. the taking of a person against his/her will (or from the control of a parent or guardian) from one place to another undercircumstances in which the person so taken does not have freedom of movement, will, or decision through violence, force,threat or intimidation. Although it is not necessary that the purpose be criminal (since all kidnapping is a criminal felony) thecapture usually involves some related criminal act such as holding the person for ransom, sexual and/or sadistic abuse, orrape. It includes taking due to irresistible impulse and a parent taking and hiding a child in violation of court order. Anincluded crime is false imprisonment. Any harm to the victim coupled with kidnapping can raise the degree of felony for theinjury and can result in a capital (death penalty) offense in some states, even though the victim survives. Originally it meantthe stealing of children, since “kid” is child in Scandinavian languages, but now applies to adults as well.

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.