HB 1487 -- KIDNAPPING A CHILD

SPONSOR:  Self

COMMITTEE ACTION:  Voted "do pass" by the Committee on Crime
Prevention and Public Safety by a vote of 15 to 3.

This bill creates the crime of kidnapping a child, a class A
felony.  The crime is committed when a person unlawfully removes
or confines a child age 13 or younger without the consent of the
child's parents or guardians.

The bill contains an emergency clause.

FISCAL NOTE:  Estimated Net Cost on General Revenue Fund of Less
than $100,000 in FY 2005, FY 2006, and FY 2007.  No impact on
Other State Funds in FY 2005, FY 2006, and FY 2007.

PROPONENTS:  Supporters say that a recent child abduction in
Benton County pointed out a flaw in the kidnapping statutes.
Current law does not specifically cover the scenario where a
person abducts a child in order to raise that child as his or her
own, as opposed to holding the child for ransom, as a hostage, or
for the purpose of terrorizing someone.  In the recent case, the
perpetrator could be charged with burglary, a class B felony, and
felonious restraint, a class C felony, but not kidnapping, a
class A felony.  An important distinction, beyond the length of
sentence, is that there is no statute of limitation on class A
felonies.  In this case, if the perpetrators were not caught for
three years, they could no longer be prosecuted.

Testifying for the bill were Representative Self; Karen Woodley,
Benton County Prosecutor; Gary Friar, Benton County Sheriff; Rick
Fajan, Benton County Sheriff's Department; Office of the Attorney
General; Missouri Police Chiefs' Association; State Highway
Patrol; and Kansas City Police Officers Association.

OPPONENTS:  There was no opposition voiced to the committee.

Richard Smreker, Senior Legislative Analyst

Missouri House of Representatives
92nd General Assembly, 2nd Regular Session
Last Updated September 23, 2004 at 11:15 am