Missouri Laws 565.140 – Defenses to kidnapping in the third degree
1. A person does not commit the offense of kidnapping in the third degree under section 565.130 if the person restrained is a child less than seventeen years of age and:
(1) A parent, guardian or other person responsible for the general supervision of the child’s welfare has consented to the restraint; or
Terms Used In Missouri Laws 565.140
- Child: a person under seventeen years of age. See Missouri Laws 565.002
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Parent: either a biological parent or a parent by adoption. See Missouri Laws 565.002
- person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Missouri Laws 1.020
- State: when applied to any of the United States, includes the District of Columbia and the territories, and the words "United States" includes such district and territories. See Missouri Laws 1.020
(2) The person is a relative of the child; and
(a) The person’s sole purpose is to assume control of the child; and
(b) The child is not taken out of the state of Missouri.
2. For the purpose of this section, “relative” means a parent or stepparent, ancestor, sibling, uncle or aunt, including an adoptive relative of the same degree through marriage or adoption.
3. The defendant shall have the burden of injecting the issue of a defense under this section.