Federal laws trump state laws. Is there a federal law that calls this kidnapping? I think yes, but I don't know for a fact.
Sent from my SAMSUNG-SM-G900A using Tapatalk
Possible charges:
1. Harboring a runaway - a misdemeanor, in TN. Tennessee Code Annotated §
39-15-0414. Up to 11 months in jail.
http://search.mleesmith.com/tca/39-15-0400.html
2. Aggravated sexual exploitation of a minor - a class B felony in TN. Tennessee Code Annotated §
39-17-1005. 8-30 years in prison.
https://www.tn.gov/assets/entities/t...20Offenses.pdf
3. Aggravated kidnapping - a class B felony in TN. Tennessee Code Annotated §
39-13-304. 8-30years in prison. I think this applies ( i could be wrong) because he physically removed the child from her home by fraud (if it can be shown that he convinced her they could get married, for example), with the intent to commit sexual assault on her.
http://www.helpingclients.com/Crimin...isonment.shtml
4. Kidnapping - federal charge.18 U.S. Code section 1201. 20 years to life sentence. This occurs if someone "unlawfully seizes, confines, inveigles, decoys, kidnaps, abducts, or carries away and holds for ransom or reward or otherwise any person, except in the case of a minor by the parent thereof, when—(1)the person is willfully transported in interstate or foreign commerce, regardless of whether the person was alive when transported across a State boundary, or the offender travels in interstate or foreign commerce or uses the mail or any means, facility, or instrumentality of interstate or foreign commerce in committing or in furtherance of the commission of the offense"
.Inveigles means persuades, so if he persuades a minor to cross state lines, he can be charged federally for kidnapping.
https://www.law.cornell.edu/uscode/text/18/1201
5. Transportation of a minor - 18 U.S. Code section 2423 - Up to 30 years or 10 years to life.
https://www.law.cornell.edu/uscode/text/18/2423
6. Coercion and enticement - 18 U.S. Code section 2422 - up to 20 years.
https://www.law.cornell.edu/uscode/text/18/2422
Intent is what matters with many charges. Not actual sexual conduct. So it won't matter if she testifies that he molested her, or not, for the federal charges.