Kidnapping And Failure To Return A Minor

Kidnapping and Failure To Return A Minor

ART.270

ELEMENTS:
1. That the offender is entrusted with the custody of a minor person ; and
2. That he deliberately fails to restore the said minor to his parents.

If any of the foregoing elements is absent, the kidnapping of the minor will then fall under Article
267.

The essential element which qualifies the crime of kidnapping a minor under Art. 270 is that the offender is entrusted with the custody of the minor.

If the accused is any of the parents, Article 267 does not apply; Articles 270 and 271 apply.

If the taking is with the consent of the parents, the crime in Article 270 is committed.

People v. Generosa
The deliberate failure to return a minor under one’s custody constitutes deprivation of liberty.

Kidnapping and failure to return a minor is necessarily included in kidnapping and serious illegal detention of a minor under Article  267(4).

People v. Mendoza
Where a minor child was taken by the accused without the knowledge and consent of his parents, the crime is kidnapping and serious illegal detention under Article 267, not kidnapping and failure to return a minor under Article 270.

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