FL 9-304: Child Abduction

Child abduction or removal is often confused with kidnapping, but they are two distinct crimes. Child abduction is listed under the Maryland Family Law Code section 9-304, and therefore only applies when the defendant is a relative of the child victim. The law defines relative as a parent, grandparent or other ancestor, brother, sister, aunt, uncle or any other individual who had lawful custody at the time of the offense. The law prohibits these relatives from removing a child under the age of 16 from the home or custody of his or her parents for more than 48 hours after a demand to return the child. Family Law Code section 9-304 also applies to those who act as accessories to the abduction by harboring or hiding the child with the knowledge of the situation. Those charged with child abduction often acquire possession of the child lawfully, and then are accused of keeping the child too long.
A child’s mother obtains a protective order against the father and does not wish for the father to see the child anymore. Rather than file for emergency relief in the Circuit Court, the father goes to the mother’s home to talk about the child’s custody status. Police are called, and the father is arrested despite having a legitimate reason for wanting to speak to the mother. Other examples include a respondent who sends flowers to an ex who took out a protective order or even a simple text message.
Child abduction within the State under Family Law section 9-305 is basically the same offense as 9-304 but requires the State to prove the child was taken out of the State of Maryland. Kidnapping is another related offense, but it is listed under the Maryland Criminal Code rather that the Family Law code. Unlike child abduction, those charged with kidnapping illegally take custody of the victim by force or fraud (trick). Kidnapping under 3-502 of the criminal code is defined as carrying a person away with the intent to conceal that person. Kidnapping carries up to 30 years in prison upon conviction. Child kidnapping under 3-503 of the criminal code does not require the State to prove the defendant intended to conceal the child, which means it is easier to prove. The State can make a case for child kidnapping by establishing that the defendant took a child away from his or her parents or home by force or fraud and without consent.
It may be a viable defense to argue that the child was in clear and present danger and removing him or her from the home was the only action that could have reasonable protected the child. There may be certain time requirements to this defense, and it may also be brought up at trial as defense of others. It would be an absolute defense if the defendant introduced evidence that he or she has granted lawful custody of the child through a custody order.
The potential penalties for child abduction depend on where the child was taken and for how long. If a relative takes a child away from home but stays in Maryland for less than 30 days, the maximum penalty is up to 30 days in jail. If the child is taken away for more than 30 days but stays in state, the penalty becomes 3 years in prison and the crime becomes a felony. Child abduction out of the state of Maryland for less than 30 days is a felony with a penalty of up to 1 year in jail, and out-of-state child abduction for more than 30 days is a five-year felony.

6. Criminal Defense for Child Abduction
Child abduction cases are complicated and require an experienced criminal defense lawyer to take apart all the layers. There are often two totally different sides of the story, and the police rarely take the time to figure out exactly what happened. Benjamin Herbst is a Maryland child abduction lawyer who does whatever it takes to achieve the best possible result for his clients. Benjamin never backs down from the State and will not hesitate to put a case in front of a jury. Call for a free consultation about your case anytime at 410-207-2598.