Child Abduction/Child Stealing | Penal Code § 278

Description

The crime of Child Abduction, also known as “”child stealing”” is to take or conceal any child from their legal guardian when you have no right of custody over the child. Child stealing is similar to Kidnapping, however Child Abduction is considered a crime against the parent of the abducted child. The prosecution must prove that the child was maliciously taken. A parent with shared custody has the right to travel with their children even without consent from the other parent, as long as the children are not taken for an illegal purpose or with illegal intent. Deprivation of Child Custody statutes set punishments for an individual who interferes with another person’s right of visitation. Examples of Child Abduction include failure to return a child to the parent with lawful custody or to take the child to a location without the consent or knowledge of the parent with lawful custody.

What does the prosecutor have to prove?

1. Defendant took, detained, concealed, or enticed away a minor child.
2. Defendant did not have a right of custody of the child.
3. Defendant acted maliciously and with the intent to detain or conceal the child from a lawful custodian of that child. [PC 278]

Punishment

Felony: 2years/3years/4years
Misdemeanor: 0-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?	Yes
Is this charge a strike?	No
Is this charge a “serious felony”	No
Is this charge a “violent felony”	No
Do I have to register as a sex offender if convicted?	No
Do I have to register as a drug offender if convicted?	No
Do I lose my right to own or possess a firearm if convicted?	Yes
Do I lose my right to vote if convicted?	Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted?	Yes
Am I eligible for PC § 1000 drug diversion if convicted?	No
Am I eligible for Prop. 36 drug diversion if convicted?	No
Am I required to give a DNA sample if convicted?	Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?	Yes
Is this charge considered a “aggravated felony” for immigration purposes?	May
Is this charge considered a “controlled substance violation” for immigration purposes?	No
Is this charge considered a “domestic violence” for immigration purposes?	Yes
Is this charge considered a “firearm conviction” for immigration purposes?	No