CHAPTER X.

 

KIDNAPPING—UNLAWFUL IMPRISONMENT AND CHILD

STEALING.

 

CONTENTS.

 

SECTION 1.  Kidnapping—Punishment.

2.     Unlawful imprisonment—Punishment.

3.     Presumption.

4.     Child stealing—Punishment.

5.     Receiving or harboring a stolen child.

6.     Detaining a child on claim of right.

 

1. Whoever kidnaps, that is, forcibly or fraudulently and deceitfully, and without authority by law, imprisons, seizes, detains or inveigles away any person, with intent to cause such person to be secreted within this kingdom against his will, or sent out of this kingdom against his will, or sold or held as a slave, shall be punished by a fine not exceeding cite thousand dollars, and be imprisoned at hard labor not more than two years.

 

2. Whoever maliciously, without authority by law, imprisons another, or causes any one to be imprisoned, such imprisonment net appearing to be kidnapping, shall be punished by imprisonment at hard labor net exceeding one year, or by a fine net exceeding two hundred dollars.

 

3. In the trial of any person for kidnapping or unlawful imprisonment, any alleged assent of the person charged to have been kidnapped or unlawfully imprisoned, shall be presumed to have been obtained by fraud or extorted by duress or threats, and shall, unless such presumption shall be rebutted by satisfactory proof to the contrary thereon be null and of no avail in defense against the charge of such offense.

 

4. Whoever is guilty of child-stealing, that is, maliciously by fraud, force or deception, conveying, leading; inveigling, taking, decoying or enticing away, or detaining or concealing any child under the age of eighteen years, with intent to deprive its parent or guardian, or any person having lawful charge of it, of the custody and control of such child, or with intent to steal any article upon or about the person of such child, shall be punished by imprisonment at hard labor not more than two years, or by fine not exceeding five hundred dollars, or both, in the discretion of the court.

 

5. Whoever receives or harbors any such child, knowing the same to be stolen, with the intent specified in the preceding section, shall be subject to like punishment as for child-stealing.

 

6.  The two preceding sections are not applicable to the ease where one obtains, detains, or receives a child from motives of humanity, to protect it from cruelty, or save it from suffering, or in good faith as being the legal parent, guardian or master, and entitled by haw to the custody of any child, and for the purpose of asserting and vindicating such right, or as being the reputed father of such child, the same being illegitimate; but the right to the custody of the child, shall nevertheless, in either such case, be subject to be  determined by the courts or judges upon the institution of suitable legal proceedings between the parties.