Appeals court rules that custodial parents cannot be convicted of kidnapping their own children


September 1, 2015

Source: Dailyjournal.net

RALEIGH, North Carolina — The state Court of Appeals has ruled that North Carolina law as written now means custodial parents cannot be convicted of kidnapping their own children.

English_Laws

In a decision issued Tuesday, a three-judge panel vacated two second-degree kidnapping convictions for Issac Pender Jr. The court let other convictions stand.

The decision said that on July 6, 2012, Pender broke into the Louisburg home where his estranged wife lived, threatening to kill her. The court said Pender ordered the 12 occupants into a room where his wife was hiding in a closet, then pointed his shotgun at each person.

In their unanimous ruling, the judges said the case suggests that legislators may want to consider amending the kidnapping statute to allow a parent to be charged with kidnapping under certain circumstances.

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