Parental Abduction in Virginia 18.2-47(D)

September 21, 2016 by Jean Humbrecht

A Virginia abduction charge, also known as kidnapping, is committed when an offender, without legal justification or excuse, uses force, intimidation or deception to seize, take, transport, detain or secrete another person with the intent to deprive that person of liberty or withhold or conceal him from proper custody.

The Virginia abduction statute has a special provision and penalty for parents who commit a Virginia abduction in violation of court-ordered custody or visitation.  Va. Code §18.2-47(D) states that a parental abduction that can be punished as a contempt of court for violating a court order is a Class 1 misdemeanor.  This offense is punished with up to 12 months in jail and a fine up to $2500.  If the abducting parent took the child to another state, the abduction is a Class 6 felony, punished with up to 5 years in prison and a fine up to $2500.

Proof of Parental Abduction in Virginia

To convict an offender of parental abduction in Virginia under Va Code §18.2-47(D), the Commonwealth must prove that the offender:

  • parental abduction in Virginiaused force, intimidation or deception, to
  • seized, take, transport, detain or secrete
  • his or her child
  • with intent to
    • deprive that person of liberty or
    • withhold or conceal him from proper custody
  • without legal justification or excuse, and
  • the abduction was in violation of a court-order that can be punished by contempt of court.
Penalty for A Virginia Parental Abduction Charge

Parental abduction under Va. Code §18.2-47(D) is a Class 1 misdemeanor, punished with up to 12 months in jail and a fine up to $2500.  If the abducting parent takes the child out of Virginia, the offense becomes a Class 6 felony, punished with up to 5 years in prison and a fine up to $2500.

A parent who abducts his or her child in violation of court-ordered custody or visitation can be charged with abduction under Va. Code §18.2-47(D) as well as violation of a court order under §18.2-49.1.  For information on the difference between parental abduction under Va. Code §18.2-47(D) and parental abduction charged as a violation of a court order under Va. Code §18.2-49.1, click here.

Parental Abduction in Virginia Statute

parentl-abduction-in-virginia-can-be-committed-by-taking-a-child-out-of-state-or-withholding-a-child-out-of-state§18.2-47. Abduction and kidnapping defined; punishment.

A. Any person who, by force, intimidation or deception, and without legal justification or excuse, seizes, takes, transports, detains or secretes another person with the intent to deprive such other person of his personal liberty or to withhold or conceal him from any person, authority or institution lawfully entitled to his charge, shall be deemed guilty of “abduction.”
D. If an offense under subsection A is committed by the parent of the person abducted and punishable as contempt of court in any proceeding then pending, the offense shall be a Class 1 misdemeanor in addition to being punishable as contempt of court. However, such offense, if committed by the parent of the person abducted and punishable as contempt of court in any proceeding then pending and the person abducted is removed from the Commonwealth by the abducting parent, shall be a Class 6 felony in addition to being punishable as contempt of court.

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