If someone tries taking your child

This is a discussion on If someone tries taking your child within the Carry & Defensive Scenarios forums, part of the Defensive Carry Discussions category; I was talking about this with my wife today at Costco. I know what I would do in this situation but what would be legal. ...

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  1. #1
    Member Array DW1911fan's Avatar
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    If someone tries taking your child

    I was talking about this with my wife today at Costco. I know what I would do in this situation but what would be legal.

    Say your at the store and you turn around for a second with child in cart and when you turn back to cart someone is starting to walk away with your baby. Now I would imagine it would be kidnapping if they were leaving the isle but what if they were only 10 steps away. When does it become kidnapping or what should you do in this situation?

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    Member Array Palumbo3284's Avatar
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    I wouldn't shoot right away for fear of hitting the child or people around I in a busy store..especially if it's a baby and they are holding it.

    I would run after him and you could damn well guarantee they'd get a ridiculous ass whoopin and even some jabs with the knife when I was up close and personal...
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    Member Array DocPMD's Avatar
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    For the sake of the BG's family, I hope he is paid up on his life insurance. The Colorado statute on the use of deadly force reads like this:


    18-1-704 Use Of Physical Force In Defense Of A Person

    2. Deadly physical force may be used only if a person reasonably believes a lesser degree of force is inadequate and:

    c) The other person is committing or reasonably appears about to commit a kidnapping as defined in section 18-3-301 or 18-3-302. . .


    If I think the guy had a weapon, he'd be pushing up posies in a few days. Don't mess with my kids!

    Doc
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    Member Array DW1911fan's Avatar
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    That's about what I would do I live in small town mo and people I don't really know always come and play with my child while were grocery shopping. But that is just how small town people at and it doesn't bother me but if a yahoo came in and details decided to take her I want to know if I'm goin to jail that night. Not that that would stop me from doin what needed to be done.

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    If you are physically incapable of intervening, I'd suggest yelling "stop" first before pulling out pistols. It could be an unusual but honest mistake. If they indeed are trying to take your child, Missouri law allows you to use deadly force in defense of another party "against death, serious physical injury, or any forcible felony". Kidnapping is a forcible felony. (I'm no attorney, so do your own double checking...)

    That said, in a crowded store, the chances of someone being able to make it out of the store with your child while you are yelling for help and making a ton of noise is pretty low. Not to mention that you could indeed hit your child, or anyone else close by, on accident with an errant round.

    If someone started pushing a cart with my child in it, they'd find themselves in a rear naked choke pretty fast, so I don't think I'd necessarily need to shoot to mitigate the threat.
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    Senior Member Array Cold Shot's Avatar
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    You do whatever it takes. It's that simple. I think the laws across the nation and any jury assembled will treat the parent favorably.

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    If it was my kid, they would have to be faster than Willie Parker, Reggie Bush, Brian Westbrook & Maurice Jones-Drew, and even then, the're gonna get taken down, pummeled beyond all recognition, and then if they put up a fuss, I'll bust a cap.
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    Distinguished Member Array kelcarry's Avatar
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    Good shot Cold Shot.

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    There will be blood...

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    VIP Member Array oakchas's Avatar
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    Quote Originally Posted by DocPMD View Post
    For the sake of the BG's family, I hope he is paid up on his life insurance. The Colorado statute on the use of deadly force reads like this:


    18-1-704 Use Of Physical Force In Defense Of A Person

    2. Deadly physical force may be used only if a person reasonably believes a lesser degree of force is inadequate and:

    c) The other person is committing or reasonably appears about to commit a kidnapping as defined in section 18-3-301 or 18-3-302. . .


    If I think the guy had a weapon, he'd be pushing up posies in a few days. Don't mess with my kids!

    Doc
    Jury would probably let you off, Doc. But it's gonna cost you. You highlighted some stuff in the code, but you missed the word and

    If you "think" the guy has a weapon isn't enough, you probably ought to "know."

    Lesser degree of force inadequate AND commiting a kidnapping... It COULD be argued that simply standing in front of the cart and yelling could have stopped the kidnapper... adequately.. it's also possible that a "reasonable" person would not put their own child at risk of friendly fire...

    Just some food for thought... I DO think the jury would let anyone off, if someone were trying to take their kid... but maybe not, depending on the instructions to the jury and the persistence of the prosecutor.
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    VIP Member Array Hiram25's Avatar
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    My kids are grown, they would kick his ass!
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    Member Array DocPMD's Avatar
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    Quote Originally Posted by oakchas View Post
    Jury would probably let you off, Doc. But it's gonna cost you. You highlighted some stuff in the code, but you missed the word and

    If you "think" the guy has a weapon isn't enough, you probably ought to "know."

    Lesser degree of force inadequte AND commiting a kidnapping... It COULD be argued that simply standing in front of the cart and yelling could have stopped the kidnapper... adequately.. it's also possible that a "reasonable" person would not put their own child at risk of friendly fire...

    Just some food for thought... I DO think the jury would let anyone off, if someone were trying to take their kid... but maybe not, depending on the instructions to the jury and the persistence of the prosecutor.
    Actually, I didn't miss the word "and". That's why I qualified my statement by saying "if I thought he had a weapon".

    Still, I agree it would be a sticky situation.

    And admittedly, the details of the situation would have to dictate the response. I was being a bit dramatic. No weapon would open up a lot of options.

    Doc

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    Try taking my grandkids?
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    Senior Member Array medmunds21's Avatar
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    I'll be opening a can of whoop a** on them.
    "A free man is he who does not fear to go to the end of his thought."

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    Senior Member Array Frogbones's Avatar
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    be a good witness?

    .......MY child would promptly be back in my possesion. That's all I really know that would happen, evertything else is.....speculation.
    Hoganbeg and GunGeezer like this.

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