California Penal Code Section 278

Definition

Child Abduction under California Penal Code Section 278, is a criminal offence and it is normally filed as either a felony or misdemeanor. Child Abduction is when someone knowingly keeps someone under 18 from their parents or guardians, out of spite, and causing fret or fear to the legal guardians.

Elements of the Crime

In order to take an Child Abduction CPC 278 case to trial, certain elements of the crime will have to be proven. This includes:

·         That the defendant deliberately stole a child

·         That the defendant had all intentions of detaining the child, to prevent parents or guardians from reaching them

·         The defendant was not classified as a legal guardian

Punishments for CPC 278

These penalties are to be determined by a judge and he/she will make a decision based on the circumstances surrounding the case.

When found guilty of Child Abduction, it is usually filed as either a misdemeanor or felony, which includes:

Misdemeanor charges for Child Abduction include up to one year in jail, and up to one thousand dollars in fines.

Felony charges for Child Abduction include two, three or four years in prison, and up to ten thousand dollars in fine. Or:

One year in jail and a probation

Legal Defenses for California Penal Code 278

A good lawyer can present many legal and valid defenses for Child Abduction charges under California Penal Code 278 to prove someone’s innocence. MacGregor and Collins is based in Orange County, California, and has successfully defended  those who were falsely accused of Child Abduction. Call (949) 250-6097 to speak to a lawyer, should you be on trial for Child Abduction.

Learn more about other California Section Penal Codes here.