UNITED STATES v. BOETTCHER

No. 84-5301.

780 F.2d 435 (1985)

UNITED STATES of America, Appellant, v. Elizabeth Irene BOETTCHER, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided December 26, 1985.


Attorney(s) appearing for the Case

Betsy C. Steinfeld, Asst. U.S. Atty. (William A. Kolibash, U.S. Atty., Wheeling, W.Va., on brief), for appellant.

Stephen G. Jory, Elkins, W.Va. (Elizabeth Irene Boettcher, pro se, on brief), for appellee.

Before RUSSELL and WIDENER, Circuit Judges, and TURK, United States District Judge for the Western District of Virginia, sitting by designation.


DONALD RUSSELL, Circuit Judge.

This criminal appeal presents a clear-cut question of statutory construction: Does the immunity under 18 U.S.C. § 1201(a) (1983) in favor of a parent kidnaping his or her own minor child, extend to aiding and abetting by the parent in such kidnaping or in his or her participation in a conspiracy to kidnap the child? The question arises out of successive abductions by two divorced parents of a minor female child: the father, living...

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