Definition of Kidnapping and Abduction

The legal profession have already had made the move of using simple language. The purpose is to make the law clearer to lay men, the public. However, there are legal terms which have been used interchangeably by people and need to made clear. With the aim of the profession to make their practice understandable to many, it is also imperative that they explain the difference between these words so that the public can truly use them well. One pair is kidnapping and abduction which is a widely discussed topic in compare and contrast law essay UK schools of law require from their students.

Kidnapping

The crime of kidnapping is a violation of the personal freedom of a person, the victim. Four elements must be present so that an act will be qualified as such. They are taking or carrying away of one person by another, use of force or fraud in doing so, absence of consent from person who is carried away or taken and absence of a lawful excuse.

Child Abduction

The crime of child abduction or child theft is the unauthorized removal of a minor from the custody of the child's natural parents or legally appointed guardians. A minor is a child which is defined as a person whose age is below the age of legal adulthood. Legal adulthood age differ among countries but most use 18.

Kinds of Child Abduction

Child abduction is categorised into two and this is based on the persons perpetrating the act. Perpetrators are either strangers or members of the child's family. Abduction by strangers can be considered kidnapping. Strangers can be either persons from outside the family, natural or legal guardians. There is a criminal purpose of stealing the child.

Criminal Purposes

The criminal purpose of abducting the child may be to extort or collect ransom from the guardians in exchange for the return of the child. Another reason could be for illegal adoption wherein a stranger takes away the child with the purpose of making her or him their own or sell to a prospective adoptive parent. Still, another motive in stealing a child is for human trafficking where the subject of exploitation is the child herself or to sell her to be abused in slavery, forced labour, sexual abuse or illegal organ trading. And lastly, the motive could be to murder the child for any reason whatsoever.