GUILTY NH - AH, 14, North Conway, 9 October 2013 - #12

[bessie]

From the State of New Hampshire Criminal Code

Underlining and red font is mine.

---

TITLE LXII
CRIMINAL CODE

CHAPTER 633
INTERFERENCE WITH FREEDOM

Section 633:1

633:1 Kidnapping. –
I. A person is guilty of kidnapping if he knowingly confines another under his control with a purpose to:
(a) Hold him for ransom or as a hostage; or
(b) Avoid apprehension by a law enforcement official; or
(c) Terrorize him or some other person; or
(d) Commit an offense against him.

I-a. A person is guilty of kidnapping if the person knowingly takes, entices away, detains, or conceals any child under the age of 18 and unrelated to the person by consanguinity, or causes such child to be taken, enticed away, detained, or concealed, with the intent to detain or conceal such child from a parent, guardian, or other person having lawful physical custody of such child. This paragraph shall not apply to law enforcement personnel or department of health and human services personnel engaged in the conduct of their lawful duties.

II. Kidnapping is a class A felony unless the actor voluntarily releases the victim without serious bodily injury and in a safe place prior to trial, in which case it is a class B felony. Source. 1971, 518:1. 2001, 230:1, eff. Jan. 1, 2002.

http://www.gencourt.state.nh.us/rsa/html/LXII/633/633-1.htm

http://www.nhcadsv.org/uploads/Human Trafficking in NH Report - Nov 2008.pdf

http://www.nhcadsv.org/human_trafficking.cfm

 

[CHERIE.T]

I'm certainly not ruling out that she ran away or left "voluntarily". So what? Abby was a 14 year old child when she disappeared. She was gone for 9 months. 14 year old children like her do not survive on the street for 9 months unless they are being exploited.

Abby is a victim. Period.

I'm following this case, trying not to comment but id like to after reading this comment. I don't know how Abby can be looked at as anything but a victim.
It doesn't matter if she was kidnapped or ran away imo. She for whatever reason didnt or couldnt reconnect with her family.
My gut tells me she likely met with foul play.

 

[takeitfromme412]

Actually Jane Young DID state in one of the press conferences that as a runaway, Zenya would still want them to stay on the case, and she looked at Zenya when she made the comment. I don't remember the exact wording, but Jane Young emphasized that a young girl would need means to stay gone, and therefore she felt someone else was involved. She continues to state that.

Jane Young said I believe at the PC "I ask, if it were your child what would you want us to do?" She was emphasizing that regardless, if a parent and local LE asks for the resources state police the AG and FBI will provide them.

 

[IHAVENOCLUE]

I think the way to determine whether someone is owed something- information or otherwise- is if there are legal ramifications to withholding the info or other thing someone thinks is owed, or to divulging or relinquishing the info or other thing. Are certain constitutional rights being violated by withholding info.? Can someone successfully sue for damages as a result of info being withheld? Would someone's rights be violated if such information was released? Would a criminal investigation be compromised be the release of such info?

These are the questions we need to ask when determining whether we, or the friend's father, are entitled in any manner to immediate information.

If the answer is no, then screaming about it, making demands, making assertions about subjective duties owed, etc., is useless. Everyone will just have to be patient.

Im certain info will come out eventually. But the current incessant demands for that info right this instant, is starting to feel a bit witch hunty to me.

I agree with all of this post... And thank you for putting it so succinctly, Gitana!

However.... There is a question I have...

If the son was indeed wracked with guilt by not being able to get off the bus to accompany Abigail the day she disappeared... And then was confused as to finding another girl friend after Abigail went missing...(as the father reported)....

then... Should he may be allowed some private conversation with the LE to assuage these emotionally deleterious emotions...not so much as to be made privy to the specifics... But just enough to assuage the guilt?

I do not think the father is entitled to the specifics...

I am just concerned with the emotional aftermath of guilt the boyfriend may be experiencing...

Just some questions.... And ones I have no answer to...

:dunno:

 

[inthedark14]

Jane Young said I believe at the PC "I ask, if it were your child what would you want us to do?" She was emphasizing that regardless, if a parent and local LE asks for the resources state police the AG and FBI will provide them.

At the time this was said I had the feeling she was addressing all the people who were unhappy about the amount of LE working on A H'S case and making comments about it all over the Web and to reporters who were printing that sentiment from locals.

MOO

Sent from my SCH-I545 using Tapatalk

 

[gitana1]

I agree with all of this post... And thank you for putting it so succinctly, Gitana!

However.... There is a question I have...

If the son was indeed wracked with guilt by not being able to get off the bus to accompany Abigail the day she disappeared... And then was confused as to finding another girl friend after Abigail went missing...(as the father reported)....

then... Should he may be allowed some private conversation with the LE to assuage these emotionally deleterious emotions...not so much as to be made privy to the specifics... But just enough to assuage the guilt?

I do not think the father is entitled to the specifics...

I am just concerned with the emotional aftermath of guilt the boyfriend may be experiencing...

Just some questions.... And ones I have no answer to...

:dunno:

i just really think LE have their job duties and this is not one of them. They have enough on their plate. They're not parents, school teachers, counselors. Let this kid speak with a psychologist if he is experiencing continued anguish. LE is obligated to work their case, not counsel this child.

His emotional aftermath is best served by a mental health professional, not LE.

 

[tlcya]

THinking of Abby, her family, her friends, and the town. Hoping for LE to be successful in answering their questions about what happened and finding any who need to be charged for their part in this disappearance. Mostly I hope that healing can come for all as LE go about doing what they must.

 

[poppygirl]

I personally don't feel the need to know anything more regarding Abby's disappearance. I've prayed, like many others, that she would be reunited with her family. I pray now that she is able to heal from whatever she went thru. She's a child and a victim, whether she left on her own or not is completely irrelevant. I guess I've seen enough of these cases to know that it's highly likely that she suffered in the 9 months that she was gone - the details are not important for me and would likely only serve to make me ill and give me nightmares. I hope LE is able to track down and punish anyone who harmed her - get that scum off the streets before they strike again.

 

[cluciano63]

Jmo I do not feel bad for wanting to know if she ran away or was kidnapped. But knowing that would be enough for me. And then down the line if someone was arrested for harboring her, all well and good.

In some states, running away is a crime. In all states, kidnapping is a crime. Keeping minors from family is a crime. I don't believe it is a crime to run away in NH, so Abigail would not be charged in any event. Ultimately, we will learn more or less what occurred based on any charges that come forth. That is fine with me, I can wait. But I do want to know. I also want to know that any parent who asks LE for this degree of help for a missing teen in the future will get it. Jmo

 

[Bodhi]

The quote from Paul Kirsch in Friday's Boston Globe article brought the enormity of what Abigail has been through. He said when he saw her, he was filled with "relief, total sadness, and total happiness."

His credibility is unquestionable. He knew Zenya through the White Mountain Milers but was not a close friend before Abby went missing. This man brought reason and organization to the social media presence and public outreach efforts to bring Abigail home after it had devolved into a personality-centered morass. He put the focus back on getting the word out about Abby through innovative public awareness campaigns and vigils and The BringAbbyHome FB page and web site. His only agenda has been to bring this child home. If someone close to me is ever missing, I hope someone steps up and provides the help and support that Paul Kirsch and Amanda Smith provided Zenya and Dave Smart and Elizabeth's other uncles brought to the search for her.

So, the quote that he experienced relief, total sadness, and total happiness at the same time when he saw Abigail after her return speaks volumes. Relief and total happiness, of course! But total sadness too. It didn't strike him that she had been on a 9-month holiday. That one quote from this man says it all simply and succinctly.

 

[2Hope4]

Ok, if I understand the posting about the law above, even if a minor willingly leaves, if a person knows LE or family is looking for them, and refuses to let LE know where the person is, that is illegal, correct??? So even if the minor did not want to go home, or did not want contact with family, the person helping them would need to let LE know that, and then I guess social services or a child advocate or whatever would step in and help mediate the situation? Just trying to understand. I do know of teenagers that have left home, and lived with a friend's family, but I 'think' most had an idea of where the child was. I know in our area that a teenager was sneeking another teenager onto school property for lunch because the child had run away, and was living in their car, and was hungry. Unfortunately, instead of helping, the school officials and LE charged both kids with some crime. IMO, the child was a hero for helping his friend get food. But at any rate, laws are laws I guess. What I'm truly wanting to know though, if Abby decided to leave on her own, and whoever was helping her knew she left on her own, are they still guilty of a crime since she's a minor? What is she refused to go home? Would that still be a crime? I guess the person should have told LE? I'm just thinking that if someone came to me in need of help, and whether their viewpoint was real, or real only to them, and they truly wanted my help, I would provide it. BUT, once the person is reported as missing, then I assume at that point LE must be notified of their whereabouts no matter the circumstances. Correct? One reason I'm asking, it was many years ago, but one of my kids was called by their friend, and they needed a place to stay. Both parents were alcoholics, and would get phyically and verbally abusive when drunk. We did pick the child up, who stayed with us for a week. Neither parent reported them missing, and I don't know if they knew the child was staying with us or not. We debated involving the police for several reasons, one being that we knew the child would go back home, and if LE was involved, no telling what the child would endure. In the end, we didn't notify, and the child did go back home, and parents never said anything about it to us. I don't know if we made the right decision or not. It was summer, so the child wasn't missing school. The child wasn't hid from anyone. The child was free to go back home whenever they wanted. But I guess in hindsight, maybe we should have notified the police?? BTW, this was over 10yrs ago, so I can't change how we responded now. But this case has made me think.

 

[momrids6]

Ok, if I understand the posting about the law above, even if a minor willingly leaves, if a person knows LE or family is looking for them, and refuses to let LE know where the person is, that is illegal, correct???

The person would be guilty of contributing to the delinquency of a minor:

N.H. Revised Statutes Ann. 169-B:41 Intentional Contribution to Delinquency.

I. Any parent or guardian or person having custody or control of a minor, or anyone else, who shall knowingly encourage, aid, cause, or abet, or connive at, or has knowingly or willfully done any act to produce, promote, or contribute to the delinquency of such minor, shall be guilty of a misdemeanor. The court may release such person on probation, subject to such orders as it may make concerning future conduct tending to produce or contribute to such delinquency, or it may suspend sentence, or before trial, with such person's consent, it may allow the person to enter into a recognizance, in such penal sum as the court may fix, conditioned for the promotion of the future welfare of the minor, and the case may be placed on file.

II. Notwithstanding the provisions of paragraph I, any parent, guardian or person having custody or control of a minor, or anyone else, who shall knowingly or willfully, encourage, aid, cause or abet, or connive at, or has knowingly done any act to produce, promote or contribute to the utilization of a minor in any acts of sexual conduct, as defined in RSA 650:1, VI, in order to create obscene material, as defined in RSA 650:1, IV, of the minor engaged in such conduct, shall be guilty of:

(a) A class B felony if such person has had no prior convictions in this state or another state for the conduct described in this paragraph;

(b) A class A felony if such person has had one or more prior convictions in this state or another state for the conduct described in this paragraph.


http://www.justanswer.com/law/420o6-someone-harboring-runaway-legal-actions.html

 

[PoirotryInMotion]

2Hope4 - I'm guessing the key thing in your case was probably that the parents didn't report the child missing. So, in essence you had a house guest who, for all you 'knew,' had told his/her parents he was visiting you.

Maybe a legal expert can weigh in, here. (And whatever the verdict, I think you did a kind thing.)

 

[Steleheart]

From the State of New Hampshire Criminal Code

Underlining and red font is mine.

---

TITLE LXII
CRIMINAL CODE

CHAPTER 633
INTERFERENCE WITH FREEDOM

Section 633:1

633:1 Kidnapping. –
I. A person is guilty of kidnapping if he knowingly confines another under his control with a purpose to:
(a) Hold him for ransom or as a hostage; or
(b) Avoid apprehension by a law enforcement official; or
(c) Terrorize him or some other person; or
(d) Commit an offense against him.

I-a. A person is guilty of kidnapping if the person knowingly takes, entices away, detains, or conceals any child under the age of 18 and unrelated to the person by consanguinity, or causes such child to be taken, enticed away, detained, or concealed, with the intent to detain or conceal such child from a parent, guardian, or other person having lawful physical custody of such child. This paragraph shall not apply to law enforcement personnel or department of health and human services personnel engaged in the conduct of their lawful duties.

II. Kidnapping is a class A felony unless the actor voluntarily releases the victim without serious bodily injury and in a safe place prior to trial, in which case it is a class B felony. Source. 1971, 518:1. 2001, 230:1, eff. Jan. 1, 2002.

http://www.gencourt.state.nh.us/rsa/html/LXII/633/633-1.htm

http://www.nhcadsv.org/uploads/Human Trafficking in NH Report - Nov 2008.pdf

http://www.nhcadsv.org/human_trafficking.cfm

Ok, if I understand the posting about the law above, even if a minor willingly leaves, if a person knows LE or family is looking for them, and refuses to let LE know where the person is, that is illegal, correct??? So even if the minor did not want to go home, or did not want contact with family, the person helping them would need to let LE know that, and then I guess social services or a child advocate or whatever would step in and help mediate the situation? Just trying to understand. I do know of teenagers that have left home, and lived with a friend's family, but I 'think' most had an idea of where the child was. I know in our area that a teenager was sneeking another teenager onto school property for lunch because the child had run away, and was living in their car, and was hungry. Unfortunately, instead of helping, the school officials and LE charged both kids with some crime. IMO, the child was a hero for helping his friend get food. But at any rate, laws are laws I guess. What I'm truly wanting to know though, if Abby decided to leave on her own, and whoever was helping her knew she left on her own, are they still guilty of a crime since she's a minor? What is she refused to go home? Would that still be a crime? I guess the person should have told LE? I'm just thinking that if someone came to me in need of help, and whether their viewpoint was real, or real only to them, and they truly wanted my help, I would provide it. BUT, once the person is reported as missing, then I assume at that point LE must be notified of their whereabouts no matter the circumstances. Correct? One reason I'm asking, it was many years ago, but one of my kids was called by their friend, and they needed a place to stay. Both parents were alcoholics, and would get phyically and verbally abusive when drunk. We did pick the child up, who stayed with us for a week. Neither parent reported them missing, and I don't know if they knew the child was staying with us or not. We debated involving the police for several reasons, one being that we knew the child would go back home, and if LE was involved, no telling what the child would endure. In the end, we didn't notify, and the child did go back home, and parents never said anything about it to us. I don't know if we made the right decision or not. It was summer, so the child wasn't missing school. The child wasn't hid from anyone. The child was free to go back home whenever they wanted. But I guess in hindsight, maybe we should have notified the police?? BTW, this was over 10yrs ago, so I can't change how we responded now. But this case has made me think.

2Hope ~ See Bessie's excellent posting of the law regarding kidnapping, specifically I-a - if a person knowingly takes, entices, detains or conceals a child or causes the child to be taken, enticed, detained or concealed, "with the intent to detain or conceal such child from a parent, guardian, or other person having lawful physical custody "
That person is guilty of kidnapping. That person's guilt has nothing to do with what the minor child wanted. So for a person to feed her, house her, clothe her and conceal her from Law enforcement it's a crime. This is why it is so important to get the word out - there can be no question, in this case that Abby is internationally known and there is no reasonable excuse to conceal her from Law Enforcement Especially if they believed she was in danger and thought they were protecting her.

By the way you did not have the intent to take, detain, or conceal since no one was looking for them. But yes, always let LE and CPS professionals intervene. If the child is in danger, they are the people charged with that child's best interest, IMO

 

[Roselvr]

I posted about it in the last thread; its called harboring a minor; carries a fine & possible jail time. In this case; someone would have to have their head in the sand to not know she was reported missing.

Things are totally different today then 10 years ago.

Ok, if I understand the posting about the law above, even if a minor willingly leaves, if a person knows LE or family is looking for them, and refuses to let LE know where the person is, that is illegal, correct??? So even if the minor did not want to go home, or did not want contact with family, the person helping them would need to let LE know that, and then I guess social services or a child advocate or whatever would step in and help mediate the situation? Just trying to understand. I do know of teenagers that have left home, and lived with a friend's family, but I 'think' most had an idea of where the child was. I know in our area that a teenager was sneeking another teenager onto school property for lunch because the child had run away, and was living in their car, and was hungry. Unfortunately, instead of helping, the school officials and LE charged both kids with some crime. IMO, the child was a hero for helping his friend get food. But at any rate, laws are laws I guess. What I'm truly wanting to know though, if Abby decided to leave on her own, and whoever was helping her knew she left on her own, are they still guilty of a crime since she's a minor? What is she refused to go home? Would that still be a crime? I guess the person should have told LE? I'm just thinking that if someone came to me in need of help, and whether their viewpoint was real, or real only to them, and they truly wanted my help, I would provide it. BUT, once the person is reported as missing, then I assume at that point LE must be notified of their whereabouts no matter the circumstances. Correct? One reason I'm asking, it was many years ago, but one of my kids was called by their friend, and they needed a place to stay. Both parents were alcoholics, and would get phyically and verbally abusive when drunk. We did pick the child up, who stayed with us for a week. Neither parent reported them missing, and I don't know if they knew the child was staying with us or not. We debated involving the police for several reasons, one being that we knew the child would go back home, and if LE was involved, no telling what the child would endure. In the end, we didn't notify, and the child did go back home, and parents never said anything about it to us. I don't know if we made the right decision or not. It was summer, so the child wasn't missing school. The child wasn't hid from anyone. The child was free to go back home whenever they wanted. But I guess in hindsight, maybe we should have notified the police?? BTW, this was over 10yrs ago, so I can't change how we responded now. But this case has made me think.

 

[necco]

To be honest, if someone convinced AH to leave with them, that person, to me at least, is possibly more frightening than a guy in the bushes. Someone who can kidnap someone using only words is far more dangerous (not necessarily on a physical level, but on a psychological level) than someone who bundles someone unwillingly into a truck. That person manages to strip away someone's instincts for freedom and survival and that is more insidious and more dangerous in the long run given similar outcomes. Whether the weapon is words or swords, both are horrific crimes.

 

[cluciano63]

I posted about it in the last thread; its called harboring a minor; carries a fine & possible jail time. In this case; someone would have to have their head in the sand to not know she was reported missing.

Things are totally different today then 10 years ago.

I doubt many people out of the general area of New England knew anything about her being missing. Certainly not like Elizabeth Smart. I only knew from WS, as is the case with most missing persons.

 

[necco]

I doubt many people out of the general area of New England knew anything about her being missing. Certainly not like Elizabeth Smart. I only knew from WS, as is the case with most missing persons.

Clu, there were posters all over the place. Highway rest areas, etc, even outside of New Hampshire.

 

[cluciano63]

Clu, there were posters all over the place. Highway rest areas, etc, even outside of New Hampshire.

I know...but not everyone pays attention. My family in upstate NY had no clue. My sisters in TX had never heard of her. Just saying, I think we tend to think that most people pay attention than actually do. Jmo

 

[necco]

I know...but not everyone pays attention. My family in upstate NY had no clue. My sisters in TX had never heard of her. Just saying, I think we tend to think that most people pay attention than actually do. Jmo

Excellent point. I would say that most people in New England who travel with small children or have small bladders had at least a shot at seeing a poster, but how closely people look is always a question.