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jerry
Joined: 11 Jan 2006 Posts: 759
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Posted: Apr Fri 28, 2006 10:17 pm Post subject: A legal one |
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I am thinking of "kidnapping" my bride and bringing her to the Silver State. This would be a legal kidnapping since we are a devoted husband and wife. I thought it would be fun to surprise her with a relaxing trip to the Silver State for Mothers Day. Now working on plans.
I have lots of good, free offers and would much like to get back to Henderson where I had my last Royal Flush. Ah, how we dream!!
Of course, I can only get to anywhere in NV by going thru Reno so I may just have to pull a handle or two enroute. I am more than ready for the trip.
Early to bed. Starting in the a.m., I have 5 softball games to play in a 24 hour period. Ah, the obligations we retirees have. LIFE IS GOOD!! |
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stan_allen
Joined: 19 Dec 2005 Posts: 1129
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Posted: May Mon 01, 2006 10:29 am Post subject: Legal Disclaimer |
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Sounds like a plan, Jerry, but it might cross the line into illegality. Here's the relevant Federal code; just make sure you understand it all:
Section 1201. Kidnapping
(a) Whoever unlawfully seizes, confines, inveigles, decoys,
kidnaps, abducts, or carries away and holds for ransom or reward or
otherwise any person, except in the case of a minor by the parent
thereof, when -
(1) the person is willfully transported in interstate or
foreign commerce, regardless of whether the person was alive when
transported across a State boundary if the person was alive when
the transportation began;
(2) any such act against the person is done within the special
maritime and territorial jurisdiction of the United States;
(3) any such act against the person is done within the special
aircraft jurisdiction of the United States as defined in section
46501 of title 49;
(4) the person is a foreign official, an internationally
protected person, or an official guest as those terms are defined
in section 1116(b) of this title; or
(5) the person is among those officers and employees described
in section 1114 of this title and any such act against the person
is done while the person is engaged in, or on account of, the
performance of official duties,
shall be punished by imprisonment for any term of years or for life
and, if the death of any person results, shall be punished by death
or life imprisonment.
(b) With respect to subsection (a)(1), above, the failure to
release the victim within twenty-four hours after he shall have
been unlawfully seized, confined, inveigled, decoyed, kidnapped,
abducted, or carried away shall create a rebuttable presumption
that such person has been transported to interstate or foreign
commerce. Notwithstanding the preceding sentence, the fact that
the presumption under this section has not yet taken effect does
not preclude a Federal investigation of a possible violation of
this section before the 24-hour period has ended.
(c) If two or more persons conspire to violate this section and
one or more of such persons do any overt act to effect the object
of the conspiracy, each shall be punished by imprisonment for any
term of years or for life.
(d) Whoever attempts to violate subsection (a) shall be punished
by imprisonment for not more than twenty years.
(e) If the victim of an offense under subsection (a) is an
internationally protected person outside the United States, the
United States may exercise jurisdiction over the offense if (1) the
victim is a representative, officer, employee, or agent of the
United States, (2) an offender is a national of the United States,
or (3) an offender is afterwards found in the United States. As
used in this subsection, the United States includes all areas under
the jurisdiction of the United States including any of the places
within the provisions of sections 5 and 7 of this title and section
46501(2) of title 49. For purposes of this subsection, the term
''national of the United States'' has the meaning prescribed in
section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(22)).
(f) In the course of enforcement of subsection (a)(4) and any
other sections prohibiting a conspiracy or attempt to violate
subsection (a)(4), the Attorney General may request assistance from
any Federal, State, or local agency, including the Army, Navy, and
Air Force, any statute, rule, or regulation to the contrary
notwithstanding.
(g) Special Rule for Certain Offenses Involving Children. -
(1) To whom applicable. - If -
(A) the victim of an offense under this section has not
attained the age of eighteen years; and
(B) the offender -
(i) has attained such age; and
(ii) is not -
(I) a parent;
(II) a grandparent;
(III) a brother;
(IV) a sister;
(V) an aunt;
(VI) an uncle; or
(VII) an individual having legal custody of the victim;
the sentence under this section for such offense shall be subject
to paragraph (2) of this subsection.
(2) Guidelines. - The United States Sentencing Commission is
directed to amend the existing guidelines for the offense of
''kidnapping, abduction, or unlawful restraint,'' by including
the following additional specific offense characteristics: If the
victim was intentionally maltreated (i.e., denied either food or
medical care) to a life-threatening degree, increase by 4 levels;
if the victim was sexually exploited (i.e., abused, used
involuntarily for pornographic purposes) increase by 3 levels; if
the victim was placed in the care or custody of another person
who does not have a legal right to such care or custody of the
child either in exchange for money or other consideration,
increase by 3 levels; if the defendant allowed the child to be
subjected to any of the conduct specified in this section by
another person, then increase by 2 levels.
(h) As used in this section, the term ''parent'' does not include
a person whose parental rights with respect to the victim of an
offense under this section have been terminated by a final court
order. |
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$$4me
Joined: 20 Dec 2005 Posts: 19 Location: Bay area
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Posted: May Tue 02, 2006 4:18 pm Post subject: kidnapping to silver state. |
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Do you have a lawyer to explain all this so a layman could understand this. are you going to use State law or Federal code. better check out which state prison you might end up in. or maybe the federal prison might be better, your choice. Do you feel Lucky, That is the big Question! |
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