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Frequently Asked Questions Child Abduction Resources Successful Recovery Story

It is a crime for a parent, relative, or any other person to take away, hide, or keep a child from the other parent or a person who has a right to custody. This includes taking the child away from a child's foster parent or other legal guardian.

Child Abduction is a felony crime, which is defined in California Penal Code sections 278 and 278.5.

• Penal Code §278 prohibits the taking, enticing away, keeping, withholding, or concealing a child by someone without a right to child custody such as by a grandparent or sibling. The punishment for this crime is a maximum of four years in prison and a $10,000 fine.
• Penal Code §278.5 prohibits the taking, enticing away, or concealing a child in order to deprive a lawful custodian of custody or visitation rights. This section applies to parents, grandparents, and others with child custody rights, who conceal the child. The punishment for this crime is a maximum of three years in prison and a $10,000 fine. A custody order is not required for a child abduction to have occurred.

District attorney's offices in California have been mandated to investigate reported child abductions. The goal of the District Attorney's Child Recovery Unit is to recover abducted children and return them to the victim parent, legal guardian, or child protective agency. In every case our office has the highest concern for the welfare of abducted children and in all cases strives to minimize the emotional trauma to children resulting from being abducted. The District Attorney's Office can obtain orders enabling investigators to travel to other jurisdictions, including other states and countries, to recover and return abducted children. In addition, the District Attorney's Office may deem that criminal charges should be filed and may prosecute the abductor.

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