Definition for abduction
Refers to the act of wrongfully taking away or detaining a person against their will, often through force, deception, or coercion.
Inclusive Elements
- The act involves taking or detaining a person.
- The action is done without the individual's consent.
- It may involve the use of force, fraud, or coercion.
- The intent is to deprive the person of their liberty.
Exclusive Elements
Abduction does not typically include situations where the action is legally justified, such as cases involving lawful arrest, custody disputes with proper legal authority, or situations where the person consents to being taken.
Contextual Usage
Abduction is commonly used in criminal law to prosecute cases involving kidnapping, human trafficking, and child abduction. It can also arise in civil law, particularly in cases of custodial interference or parental abduction.
Exceptions and Qualifications
Exceptions may exist in cases where the alleged abductor had a legal right or duty to take the person, such as law enforcement officers executing a warrant or a parent exercising lawful custody rights. Additionally, certain legal defenses, such as consent or mistaken belief, may apply depending on the circumstances.
Source or Authority
The legal definition of abduction may vary depending on jurisdiction. It is typically derived from statutory law, common law principles, and legal precedents established through case law.
Related Terms
- Kidnapping
- Human trafficking
- Child abduction
- Custodial interference
- Parental abduction