Pennsylvania Consolidated Statutes

CRIMES AND OFFENSES (TITLE 18)

PART II. DEFINITION OF SPECIFIC OFFENSES.

CHAPTER 29 KIDNAPPING

§ 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.

§ 2901. Kidnapping.

(a) Offense defined.--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.

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

§ 2902. Unlawful restraint.

(a) Offense defined.--A person commits an offense 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) Grading.--

1. Except as provided in paragraph (2), an offense under subsection (a) is a misdemeanor of the first degree.
2. If the victim of the offense is an individual under 18 years of age, an offense under subsection (a) is a felony of the second degree.

§ 2903. False imprisonment.

(a) Offense defined.--A person commits an offense if he knowingly restrains another unlawfully so as to interfere substantially with his liberty.

(b) Grading.--

1. Except as provided in paragraph (2), an offense under subsection (a) is a misdemeanor of the second degree.
2. If the victim of the offense is an individual under 18 years of age, an offense under subsection (a) is a felony of the second degree.

§ 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
   
   1. the victim child is the subject of a valid order of custody issued by a court of this Commonwealth;
   2. the actor has been given either partial custody or visitation rights under said order; and
   3. 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.

§ 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.

§ 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.

§ 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.

§ 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:

1. taking custody of an unidentified living child, such as an infant, or a physically or mentally disabled child; or
2. 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.

§ 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.

§ 2910. Luring a child into a motor vehicle.

A person who lures a child into a motor vehicle without the consent, express or implied, of the child's parent or guardian, unless the circumstances reasonably indicate that the child is in need of assistance, commits a misdemeanor of the first degree.

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