Can a Grandmother Be Arrested for Kidnapping a Grandchild in Arizona?

Key Takeaways

• Depending on their intent, grandmothers or grandfathers can face felony-level kidnapping charges in Arizona if they take their grandchild without legal custody or permission from the child’s legal guardian.
• Arizona law defines kidnapping as knowingly restraining someone against their will with the intent to accomplish certain goals, such as hurting the victim or using them for ransom. This law also applies to family members.
• Defense strategies that may be used by a grandparent accused of unlawfully taking their grandchild include having legal custody, receiving parental consent, acting in the child’s best interests, or lacking prohibited intent.
• Family law attorneys can help resolve familial disputes before they result in criminal charges. However, if charges have already been filed, contacting a criminal defense attorney for guidance and advocacy in court is essential.

Knowing if a Grandmother Be Arrested for Kidnapping their Grandchild in Arizona

Since there is no specific grandparent kidnapping law in Arizona, many people wrongly assume a grandmother or grandfather can take a child without permission from their legal guardian and do as they wish, which can lead to strained family relationships and court-ordered punishments like imprisonment. Depending on their intent, it may be unlawful for the grandparent to restrain or move their grandchild unless they have legal custody or permission from one of their guardians, despite being closely related to the child.

Understanding legal concerns that can accompany family disputes and custody issues is essential. You should educate yourself on Arizona’s laws on kidnapping, common scenarios that can lead to kidnapping charges, and the consequences that can come with them. It can also be helpful to know popular defense strategies that can potentially be used if a grandparent has been charged with kidnapping their grandchild.

Family law attorneys can help prevent criminal charges by proactively addressing familial disputes. However, contacting a criminal defense attorney is vital if criminal charges have already been filed.

Defining Kidnapping Under Arizona Law

ARS 13-1304 defines kidnapping as knowingly restraining someone against their will to accomplish specific goals. To qualify as kidnapping under Arizona law, the offender must be restraining the individual with the intent to:

• Hold the victim for ransom.
• Use the victim as a shield or hostage.
• Subject the victim to involuntary servitude.
• Kill the victim.
• Cause physical injury to the victim.
• Inflict a sexual offense on the victim.
• Contribute to the execution of a felony.
• Incite reasonable fear of imminent danger to the victim or someone else.
• Interfere with governmental or political operations.
• Gain or exercise control over a vehicle.

This law applies to everyone, including family members like grandparents. However, if the grandparent does not have any of the intentions mentioned above while taking their grandchild, they may not be convicted of kidnapping.

Other Relevant Statutes

Although having a lack of prohibited intent may negate kidnapping charges, grandparents restraining or transporting their grandchild without legal custody or permission from one of the child’s guardians can result in the following charges per Arizona law.

Unlawful Imprisonment

ARS 13-1303 outlines unlawful imprisonment, declaring that knowingly restraining another person can result in a class 6 felony unless the defendant releases the victim unharmed and in a safe location before arrest—in that case, it’s classified as a class 1 misdemeanor.

This law can apply to a grandparent locking their grandchild in their car or house without the guardian’s permission. However, if the defendant is a relative of the restrained individual, they intend only to take lawful custody of that person, and the restraint occurred without causing any physical harm, they might be exempt from this statute. Therefore, a grandparent taking a child from their abusive guardian and going to court as soon as possible to get official custody may be lawful in some cases.

Custodial Interference

According to ARS 13-1302, some examples of custodial interference are:

• Taking, enticing, or keeping a child from their lawful custodian.
• Failing to return a child to their lawful custodian after access rights expire.
• If sharing joint custody, taking or keeping a child from the other custodian.
• Taking or denying access to a child from one of their parents before a court officially determines custody.

Violations of this statute can result in a class 3 felony if committed by a person other than the parent, agent of the parent, custodian, or agent of the custodian. However, custodial interference can be considered a class 1 misdemeanor if the victim is returned willingly and without injury within 48 hours after being taken or kept from lawful custody.

Therefore, even if your acts do not count as kidnapping, they can still lead to serious offenses with substantial jail time. If any of the charges above have been filed, you should consult a trusted criminal defense attorney to increase your chances of achieving the best possible outcome.

Scenarios Where a Grandmother Might Be Accused of Kidnapping

Many people do not know about the intention-based requirements that determine the validity of a kidnapping charge, making unfounded accusations common. So, grandparents may be falsely accused of kidnapping just for taking their grandchild without permission or custody, but that is not always enough to fuel a conviction.

In most cases, a grandmother or grandfather who restrains their grandchild without approval does not intend to accomplish the inherently malicious goals that were mentioned earlier in the article, such as using them as a shield or inciting death, causing their actions to fall under a different crime like custodial interference or unlawful imprisonment. Still, some examples of actions that may justify the kidnapping charges attributed to a grandparent are:

• Hurting the grandchild’s arm while yanking them away from their guardian.
• Keeping the grandchild locked away until the guardian pays the grandparent.
• Forcing the abducted grandchild to work by threatening harm or restraint.
• Recklessly driving off with the grandchild, inciting fear of imminent danger.
• Neglecting the abducted grandchild of proper care, leading to their death.

Inflicting physical harm or fear of imminent danger can drastically increase the severity of a crime, potentially giving legitimacy to kidnapping charges. Causing bodily harm to the child can also turn cases of unlawful imprisonment or custodial interference into felonies.

Consequences of a Kidnapping Charge

The penalties for kidnapping can vary depending on the context of the crime. In general, ARS 13-1304 labels kidnapping as a class 2 felony, but some exceptions can change the offense’s categorization. Some examples of circumstances that can alter the severity of the offense are:

• If the offender lets the victim go safely and injury-free before being arrested, it can be lowered to a class 4 felony.
• If the offender releases the victim safely and without injury due to an agreement with the state, it can be lowered to a class 3 felony.
• If the victim is under 15 years old, it’s treated as a class 2 felony that is punishable by a minimum of 10 years in prison per ARS 13-705. Plus, this punishment will be added to any sentences the kidnapper is already facing.

All classes of felony offenses are incredibly serious and can result in substantial jail time and hefty fines.

Jail Sentencing and Fines

If the victim is 15 or older, the sentencing for first-time felony offenders convicted of kidnapping would be dictated by ARS 13-702. Some sentencing requirements that are outlined by this statute include:

• A class 2 felony can result in 3 to 12.5 years in prison.
• A class 3 felony can result in 2 to 8.75 years in prison.
• A class 4 felony can result in 1 to 3.75 years in prison.

Moreover, ARS 13-801 states that felonies like kidnapping can result in a fine of up to $150,000, depending on the context of the crime and negotiations within the court.

Strains on Family Dynamics

In addition to the substantial jail sentences and financial penalties mentioned above, a kidnapping charge could affect a grandparent’s future custody or visitation rights, making it immensely challenging to lawfully become the child’s official guardian or to even play a role in their life.

Outside of the courtroom, being accused of kidnapping your grandchild can put a potential strain on family dynamics and relationships. After such an event, acting cordially with the grandchild’s legal guardians and getting their permission to see the child can be difficult. Therefore, it is always best to hire an experienced family law attorney to iron out custody disputes in a lawful manner rather than unlawfully restraining the grandchild.

Potential Legal Defenses for a Grandmother Accused of Kidnapping

As stated earlier, kidnapping convictions require very specific intentions, such as planning to use the child as a hostage. Therefore, arguing that there was a lack of prohibited intent is a common defense for kidnapping accusations. Still, this defense strategy may not prevent the defendant from being convicted of other crimes like unlawful imprisonment or custodial interference.

Some more universal legal defenses that have been used by grandparents who have taken their grandchild without permission are:

• Claim legal custody – If the grandparent has permanent or temporary legal custody with a supporting court order, they may be able to take their grandchild from their biological parent lawfully.
• Proving there was consent from the guardian – Having proof that at least one of the grandchild’s guardians authorized the grandparent to restrain or transport the child can potentially nullify charges of custodial interference.
• To further the child’s best interests – This may be a valid defense if the child’s guardians were subjecting them to abuse or neglect and the grandparent safely removed the child with the intent to quickly get lawful custody.

Although the above defense strategies have been used in the past, they may not be applicable to your specific situation. You should work with an experienced criminal defense attorney to craft a plan of defense that is tailored to the unique circumstances surrounding your charges.

Steps to Take if You Are Facing Accusations

Some actions you should take if someone has accused you of kidnapping or similar crimes, such as unlawful imprisonment or custodial interference, include:

• Secure legal counsel – Immediately hiring an experienced criminal defense attorney can help you navigate criminal charges. They can walk you through the legal process, explain things in layman’s terms, and help build a defense.
• Gather documentation – You should also collect any relevant legal documents, custody agreements, and communication records between you and the child’s guardians that could support your case.
• Avoid contact with the child or family – By temporarily limiting contact with the accusers and the child you allegedly restrained, you may be able to avoid complicating the legal situation.

After reviewing your individualized case, your attorney may give you extra tasks that differ from the ones above to increase your chances of achieving the best possible result.

How Family Law Intersects with Criminal Law

Custody disputes between family members can often lead to criminal accusations, especially if someone restrains or transports a child without officially receiving custody from the court. To avoid charges for offenses like kidnapping or custodial interference, you should be proactive and resolve custody-related family disputes through legal channels before restraining a child that you do not have guardianship over.

Family law attorneys play a vital role in addressing conflicts within families before they escalate into criminal charges. For example, JacksonWhite Law’s family law department has substantial experience advocating for our clients to get custody over children, ensuring it is done in a lawful manner. During this process, we advise clients against rash actions like unlawfully imprisoning the child they are attempting to get guardianship over, making it easier to avoid criminal charges.

If criminal charges have already been filed, it’s imperative to contact a criminal law attorney immediately. Even though the alleged crime might have happened amongst family members, family law attorneys do not handle criminal matters, but criminal defense attorneys do. Their focus is on defending you and avoiding convictions to the best of their ability.

Seek Expert Legal Representation For Kidnapping Accusations

Although there is not a specific grandparent kidnapping law in Arizona, ARS 13-1304 still applies to grandmothers and grandfathers. However, it requires the person to have specific malicious intentions while restraining the individual, such as murdering them or using them to gain control over a vehicle.

Even though a grandparent taking their grandchild may not always meet the conditions outlined by the kidnapping statute, this does not mean that a grandparent can take a child without permission from the legal guardian. Doing so can result in convictions for unlawful imprisonment or custodial interference, which can be classified as felonies, depending on their context.

JacksonWhite Law, an experienced, well-rounded legal team, can handle both family law cases and criminal defense situations. If you have been charged with kidnapping near Phoenix, Arizona, our criminal law attorneys can help you understand your legal options and build a defense strategy for your specific situation, increasing your chances of achieving the best possible outcome.

Call the JacksonWhite Criminal Law team at (480) 467-4370 to discuss your case today.

FAQ on Visitation, Adoption, and Custody

Educating yourself on the following commonly asked questions regarding custodial and visitation rights in Arizona can help you make informed legal decisions.

Q: What does the court consider when determining visitation rights?

A: Grandparents can seek to attain visitation rights to see their grandchildren. The state will look at relevant factors, such as the relationship between the child and grandparent and the grandparent’s motivation, along with the motivation of the person denying visitation. The court will also look at whether the amount of time requested will have a negative impact on the child’s schedule. If the child’s parent has died, the court will consider the potential advantages of keeping a relationship with the grandparent.

Q: Can grandparents adopt their grandchild?

A: If they meet the legal requirements, grandparents can adopt their grandchild. In most cases, the grandparent will pursue temporary custody before attempting to officially adopt the child. State law mandates that all visitation rights end once a child is placed for adoption or adopted. So, if someone else adopts the child, the grandparent may have their rights terminated (unless it’s a stepparent who is adopting them) without notice of the adoption.

Q: What is needed to obtain custody rights for my grandchild?

A: A grandparent can pursue custody if it’s detrimental for the child to stay living with their current custodian. In other cases, a grandparent can request custody if they are already acting as a parent for the child or if other custodial arrangements haven’t already been made. You also have a valid case for pursuing custody if the child’s legal parents are separated, divorced, never married, or one of them has passed away. If you don’t meet one of these requirements, your petition will likely be dismissed.