abduction

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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.

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)

abduction

the wrongful taking away (usually by force) of a person. In respect of the taking away of a girl under the age of 16, it is a statutory offence. The problem of separated parents removing children from one country to another is now regulated in many states by international conventions which require that the child should normally be returned to his or her country of habitual residence unless there is a grave risk of physical or psychological harm or an otherwise intolerable situation.

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.

References in periodicals archive ?
'The NPA abducts innocent civilians to use as human shields,' he said.
Persons suspected to be New People's Army (NOA) rebels abducted last Sunday, Feb.
Motivations for long-term, nonfamily abductions include: sexual gratification; retribution (e.g., revenge or "collecting" on an unpaid debt); financial gain (e.g., ransom or extortion); desire to kill (this, alone, is reported to motivate and gratify some offenders); and, maternal desire (where an offender desires to possess a child and abducts primarily newborns and infants).
Occasionally, this maltreatment results in missing, abducted, or allegedly abducted children.