Abduction

The act of restraining another through the use or threat of Deadly Force or through fraudulent persuasion. The requisite restraint generally requires that the abductor intend to prevent the liberation of the abductee. Some states require that the abductee be a minor or that the abductor intend to subject the abductee to prostitution or illicit sexual activity.

Cross-references

Kidnapping.

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abduction n. the criminal taking away a person by persuasion (convincing someone--particularly a minor or a woman he/she is better off leaving with the persuader), by fraud (telling the person he/she is needed, or that the mother or father wants him/her to come with the abductor), or by open force or violence. Originally abduction applied only to protect women and children as victims. Currently in most states it can also apply to an adult male. In fact, in some states like New York abduction meant the unlawful taking or detention of any female for purposes of "marriage, concubinage or prostitution." Kidnapping is more limited, requiring force, threat of force of an adult or the taking of children. (See: kidnapping)

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ABDUCTION, crim. law. The carrying away of any person by force or fraud. This is a misdemeanor punishable by indictment. 1 East, P.C. 458; 1 Russell, 569. The civil remedies are recaption, (q.v.) 3 Inst. 134; Hal. Anal. 46; 3 Bl. Com 4; by writ of habeas corpus; and an action of trespass, Fitz. N. B. 89; 3 Bl. Com 139, n. 27; Roscoe, Cr. Ev. 193.