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PARRIS N. GLENDENING, Governor
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Ch. 26
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3-502. KIDNAPPING.
(A) PROHIBITED.
A PERSON MAY NOT, BY FORCE OR FRAUD, CARRY OR CAUSE A PERSON TO BE
CARRIED IN OR OUTSIDE THE STATE WITH THE INTENT TO HAVE THE PERSON
CARRIED OR CONCEALED IN OR OUTSIDE THE STATE.
(B) PENALTY.
A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF THE FELONY OF
KIDNAPPING AND ON CONVICTION IS SUBJECT TO IMPRISONMENT NOT EXCEEDING
30 YEARS.
(C) EXCEPTION.
KIDNAPPING DOES NOT INCLUDE THE ACT OF A PARENT IN CARRYING A MINOR
CHILD OF THAT PARENT IN OR OUTSIDE THE STATE.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 337.
In the introductory language to subsection (a) of this section, the former
reference to "counsellors, aiders or abettors" is deleted as included in the
reference to a "person".
In subsection (b) of this section, the former reference to a person being
sentenced "to the penitentiary" is deleted for consistency within this
article. Currently, inmates are sentenced to the custody of a unit such as
the Division of Correction and then are placed in a particular facility. See
CS § 9-103.
In subsection (c) of this section, the reference to a "minor child of that
parent" is substituted for the former reference to a "person under eighteen
years of age, by a parent thereof" for brevity.
Defined terms: "Minor" § 1-101
"Person" § 1-101
3-503. CHILD KIDNAPPING.
(A) PROHIBITED.
(1) A PERSON MAY NOT, WITHOUT COLOR OF RIGHT:
(I) FORCIBLY ABDUCT, TAKE, OR CARRY AWAY A CHILD UNDER
THE AGE OF 12 YEARS FROM:
1. THE HOME OR USUAL PLACE OF ABODE OF THE CHILD; OR
2. THE CUSTODY AND CONTROL OF THE CHILD'S PARENT OR
LEGAL GUARDIAN;
(II) WITHOUT THE CONSENT OF THE CHILD'S PARENT OR LEGAL
GUARDIAN, PERSUADE OR ENTICE A CHILD UNDER THE AGE OF 12 YEARS FROM:
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- 281 -
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