18c2901h

 

 

CHAPTER 29

KIDNAPPING

 

Sec.

2901.  Kidnapping.

2902.  Unlawful restraint.

2903.  False imprisonment.

2904.  Interference with custody of children.

2905.  Interference with custody of committed persons.

2906.  Criminal coercion.

2907.  Disposition of ransom.

2908.  Missing children.

2909.  Concealment of whereabouts of a child.

2910.  Luring a child into a motor vehicle or structure.

 

Enactment.  Chapter 29 was added December 6, 1972, P.L.1482, No.334, effective in six months.

Cross References.  Chapter 29 is referred to in sections 911, 3104, 3502, 5743.1 of this title; section 3103 of Title 23 (Domestic Relations); sections 5750, 5985.1, 5993 of Title 42 (Judiciary and Judicial Procedure).

18c2901s

§ 2901.  Kidnapping.

(a)  Offense defined.--Except as provided in subsection (a.1), a person is guilty of kidnapping if he unlawfully removes another a substantial distance under the circumstances from the place where he is found, or if he unlawfully confines another for a substantial period in a place of isolation, with any of the following intentions:

(1)  To hold for ransom or reward, or as a shield or hostage.

(2)  To facilitate commission of any felony or flight thereafter.

(3)  To inflict bodily injury on or to terrorize the victim or another.

(4)  To interfere with the performance by public officials of any governmental or political function.

(a.1)  Kidnapping of a minor.--A person is guilty of kidnapping of a minor if he unlawfully removes a person under 18 years of age a substantial distance under the circumstances from the place where he is found, or if he unlawfully confines a person under 18 years of age for a substantial period in a place of isolation, with any of the following intentions:

(1)  To hold for ransom or reward, or as a shield or hostage.

(2)  To facilitate commission of any felony or flight thereafter.

(3)  To inflict bodily injury on or to terrorize the victim or another.

(4)  To interfere with the performance by public officials of any governmental or political function.

(b)  Grading.--The following apply:

(1)  Kidnapping under subsection (a) is a felony of the first degree. A removal or confinement is unlawful within the meaning of subsection (a) if it is accomplished by force, threat or deception, or, in the case of an incapacitated person, if it is accomplished without the consent of a parent, guardian or other person responsible for general supervision of his welfare.

(2)  Kidnapping under subsection (a.1) is a felony of the first degree. A removal or confinement is unlawful within the meaning of subsection (a.1) if it is accomplished by force, threat or deception, or, in the case of a person under 14 years of age, if it is accomplished without consent of a parent, guardian or other person responsible for general supervision of his welfare.

18c2901v

(Apr. 16, 1992, P.L.108, No.24, eff. 60 days; Dec. 20, 2011, P.L.446, No.111, eff. 60 days)

 

Cross References.  Section 2901 is referred to in sections 2709.1, 5702, 5708, 6105 of this title; section 3304 of Title 5 (Athletics and Sports); sections 5329, 6344, 6711 of Title 23 (Domestic Relations); sections 5552, 6302, 9720.2, 9799.14, 9799.55, 9802 of Title 42 (Judiciary and Judicial Procedure); sections 6139, 7122 of Title 61 (Prisons and Parole).

18c2902s

§ 2902.  Unlawful restraint.

(a)  Offense defined.--Except as provided under subsection (b) or (c), a person commits a misdemeanor of the first degree if he knowingly:

(1)  restrains another unlawfully in circumstances exposing him to risk of serious bodily injury; or

(2)  holds another in a condition of involuntary servitude.

(b)  Unlawful restraint of a minor where offender is not victim's parent.--If the victim is a person under 18 years of age, a person who is not the victim's parent commits a felony of the second degree if he knowingly:

(1)  restrains another unlawfully in circumstances exposing him to risk of serious bodily injury; or

(2)  holds another in a condition of involuntary servitude.

(c)  Unlawful restraint of minor where offender is victim's parent.--If the victim is a person under 18 years of age, a parent of the victim commits a felony of the second degree if he knowingly:

(1)  restrains another unlawfully in circumstances exposing him to risk of serious bodily injury; or

(2)  holds another in a condition of involuntary servitude.

(d)  Definition.--As used in this section the term "parent" means a natural parent, stepparent, adoptive parent or guardian of a minor.

18c2902v

(Dec. 30, 1974, P.L.1120, No.361, eff. imd.; Dec. 20, 2000, P.L.721, No.98, eff. imd.; Dec. 20, 2011, P.L.446, No.111, eff. 60 days)

 

Cross References.  Section 2902 is referred to in section 6105 of this title; sections 5329, 6344 of Title 23 (Domestic Relations); section 9799.14 of Title 42 (Judiciary and Judicial Procedure).

18c2903s

§ 2903.  False imprisonment.

(a)  Offense defined.--Except as provided under subsection (b) or (c), a person commits a misdemeanor of the second degree if he knowingly restrains another unlawfully so as to interfere substantially with his liberty.

(b)  False imprisonment of a minor where offender is not victim's parent.--If the victim is a person under 18 years of age, a person who is not the victim's parent commits a felony of the second degree if he knowingly restrains another unlawfully so as to interfere substantially with his liberty.

(c)  False imprisonment of a minor where offender is victim's parent.--If the victim is a person under 18 years of age, a parent of the victim commits a felony of the second degree if he knowingly restrains another unlawfully so as to interfere substantially with his liberty.

(d)  Definition.--As used in this section the term "parent" means a natural parent, stepparent, adoptive parent or guardian of a minor.

18c2903v

(Dec. 20, 2000, P.L.721, No.98, eff. imd.; Dec. 20, 2011, P.L.446, No.111, eff. 60 days)

 

2000 Amendment.  See the preamble to Act 98 in the appendix to this title for special provisions relating to legislative intent.

Cross References.  Section 2903 is referred to in sections 5329, 6102 of Title 23 (Domestic Relations); section 9799.14 of Title 42 (Judiciary and Judicial Procedure); section 2303 of Title 44 (Law and Justice).

18c2904s

§ 2904.  Interference with custody of children.

(a)  Offense defined.--A person commits an offense if he knowingly or recklessly takes or entices any child under the age of 18 years from the custody of its parent, guardian or other lawful custodian, when he has no privilege to do so.

(b)  Defenses.--It is a defense that:

(1)  the actor believed that his action was necessary to preserve the child from danger to its welfare; or

(2)  the child, being at the time not less than 14 years old, was taken away at its own instigation without enticement and without purpose to commit a criminal offense with or against the child; or

(3)  the actor is the child's parent or guardian or other lawful custodian and is not acting contrary to an order entered by a court of competent jurisdiction.

(c)  Grading.--The offense is a felony of the third degree unless:

(1)  the actor, not being a parent or person in equivalent relation to the child, acted with knowledge that his conduct would cause serious alarm for the safety of the child, or in reckless disregard of a likelihood of causing such alarm. In such cases, the offense shall be a felony of the second degree; or

(2)  the actor acted with good cause for a period of time not in excess of 24 hours; and

(i)  the victim child is the subject of a valid order of custody issued by a court of this Commonwealth;

(ii)  the actor has been given either partial custody or visitation rights under said order; and

(iii)  the actor is a resident of this Commonwealth and does not remove the child from the Commonwealth.

In such cases, the offense shall be a misdemeanor of the second degree.

18c2904v

(July 9, 1984, P.L.661, No.138, eff. imd.)

 

1984 Amendment.  Act 138 amended subsec. (c).

Cross References.  Section 2904 is referred to in section 6108 of Title 23 (Domestic Relations); section 9799.14 of Title 42 (Judiciary and Judicial Procedure).

18c2905s

§ 2905.  Interference with custody of committed persons.

(a)  Offense defined.--A person is guilty of a misdemeanor of the second degree if he knowingly or recklessly takes or entices any committed person away from lawful custody when he is not privileged to do so.

(b)  Definition.--As used in this section, the term "committed person" means, in addition to anyone committed under judicial warrant, any orphan, neglected or delinquent child, mentally disabled person, or other dependent or incapacitated person entrusted to the custody of another by or through a recognized social agency or otherwise by authority of law.

18c2905v

(Apr. 16, 1992, P.L.108, No.24, eff. 60 days)

 

1992 Amendment.  Act 24 amended subsec. (b).

18c2906s

§ 2906.  Criminal coercion.

(a)  Offense defined.--A person is guilty of criminal coercion, if, with intent unlawfully to restrict freedom of action of another to the detriment of the other, he threatens to:

(1)  commit any criminal offense;

(2)  accuse anyone of a criminal offense;

(3)  expose any secret tending to subject any person to hatred, contempt or ridicule; or

(4)  take or withhold action as an official, or cause an official to take or withhold action.

(b)  Defense.--It is a defense to prosecution based on paragraphs (a)(2), (a)(3) or (a)(4) of this section that the actor believed the accusation or secret to be true or the proposed official action justified and that his intent was limited to compelling the other to behave in a way reasonably related to the circumstances which were the subject of the accusation, exposure or proposed official action, as by desisting from further misbehavior, making good a wrong done, refraining from taking any action or responsibility for which the actor believes the other disqualified.

(c)  Grading.--Criminal coercion is a misdemeanor of the second degree unless the threat is to commit a felony or the intent of the actor is felonious, in which cases the offense is a misdemeanor of the first degree.

18c2906v

 

Cross References.  Section 2906 is referred to in section 3012 of this title.

18c2907s

§ 2907.  Disposition of ransom.

A person, other than a member of the family or an intermediary of the family of a person held for ransom, who knowingly receives, retains or disposes of any money or other property of another knowing that the money or other property constitutes a ransom derived from an offense under this chapter, or has reason to believe that such money or other property is ransom derived from an offense under this chapter, is guilty of a felony of the third degree.

18c2907v

(Dec. 30, 1974, P.L.1120, No.361, eff. imd.)

 

1974 Amendment.  Act 361 added section 2907.

18c2908s

§ 2908.  Missing children.

(a)  Duties of law enforcement agencies.--Law enforcement agencies shall have the following duties with respect to missing children:

(1)  To investigate a report of a missing child immediately upon receipt of the report regardless of the age of the missing child or the circumstances surrounding the disappearance of the child. In no case shall law enforcement agencies impose a mandatory waiting period prior to commencing the investigation of a missing child.

(2)  When conducting a missing child investigation, to record all information relevant to the missing child and the circumstances surrounding the disappearance of the missing child on the appropriate law enforcement investigative report.

(3)  To make an entry into the Missing Persons File through the Commonwealth Law Enforcement Assistance Network (CLEAN) in accord with Pennsylvania State Police policy and procedures immediately upon receipt of sufficient identification information on the missing child.

(3.1)  To make an entry into the Unidentified Persons File through Commonwealth Law Enforcement Assistance Network (CLEAN) in accord with Pennsylvania State Police policy and procedures immediately upon:

(i)  taking custody of an unidentified living child, such as an infant, or a physically or mentally disabled child; or

(ii)  discovering an unidentified deceased child.

(4)  To insure timely cancellation of any entry made pursuant to this section where the missing child has returned or is located.

(a.1)  Unidentified deceased children.--Law enforcement agencies and coroners shall, with respect to unidentified deceased children, have the duty to make an entry into the Unidentified Deceased Person File through the Commonwealth Law Enforcement Assistance Network (CLEAN) in accordance with Pennsylvania State Police policy and procedures immediately upon observing or receiving any descriptive information on an unidentified deceased child.

(b)  Definition.--As used in this section the term "child" means a person under 18 years of age.

18c2908v

(May 9, 1985, P.L.31, No.14, eff. imd.; Feb. 2, 1990, P.L.6, No.4, eff. 60 days; June 25, 1992, P.L.315, No.59, eff. 60 days)

 

1992 Amendment.  Act 59 added subsec. (a)(3.1).

1990 Amendment.  Act 4 added subsec. (a.1).

1985 Amendment.  Act 14 added section 2908.

Cross References.  Section 2908 is referred to in section 5701 of Title 23 (Domestic Relations).

18c2909s

§ 2909.  Concealment of whereabouts of a child.

(a)  Offense defined.--A person who removes a child from the child's known place of residence with the intent to conceal the child's whereabouts from the child's parent or guardian, unless concealment is authorized by court order or is a reasonable response to domestic violence or child abuse, commits a felony of the third degree. For purposes of this subsection, the term "removes" includes personally removing the child from the child's known place of residence, causing the child to be removed from the child's known place of residence, preventing the child from returning or being returned to the child's known place of residence and, when the child's parent or guardian has a reasonable expectation that the person will return the child, failing to return the child to the child's known place of residence.

(b)  Application.--A person may be convicted under subsection (a) if either of the following apply:

(1)  The acts that initiated the concealment occurred in this Commonwealth.

(2)  The offender or the parent or guardian from whom the child is being concealed resides in this Commonwealth.

18c2909v

(Feb. 2, 1990, P.L.6, No.4, eff. 60 days)

 

1990 Amendment.  Act 4 added section 2909.

18c2910s

§ 2910.  Luring a child into a motor vehicle or structure.

(a)  Offense.--Unless the circumstances reasonably indicate that the child is in need of assistance, a person who lures or attempts to lure a child into a motor vehicle or structure without the consent, express or implied, of the child's parent or guardian commits an offense.

(a.1)  Grading.--The following shall apply:

(1)  Except as provided under paragraph (2), an offense under subsection (a) is a misdemeanor of the first degree.

(2)  If an offense under subsection (a) involves a child under 13 years of age, the offense is a felony of the second degree.

(a.2)  Mistake as to age.--If an offense under subsection (a) involves a child under 13 years of age, it shall be no defense that the defendant did not know the age of the child or reasonably believed the child to be 13 years of age or older.

(b)  Affirmative defense.--It shall be an affirmative defense to a prosecution under this section that the person lured or attempted to lure the child into the structure for a lawful purpose.

(c)  Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Child."  A person under 18 years of age.

"Motor vehicle."  Every self-propelled device in, upon or by which any person or property is or may be transported or drawn on a public highway.

"Structure."  A house, apartment building, shop, warehouse, barn, building, vessel, railroad car, cargo container, house car, trailer, trailer coach, camper, mine, floating home or other enclosed structure capable of holding a child, which is not open to the general public.

18c2910v

(Feb. 2, 1990, P.L.6, No.4, eff. 60 days; Nov. 10, 2005, P.L.330, No.64, eff. 60 days; Dec. 18, 2013, P.L.1194, No.116, eff. 60 days)

 

Cross References.  Section 2910 is referred to in section 6105 of this title; section 5329 of Title 23 (Domestic Relations); sections 9799.14, 9799.53, 9799.55 of Title 42 (Judiciary and Judicial Procedure); section 3113 of Title 63 (Professions and Occupations (State Licensed)).