Oregon non-stranger kidnapping law explained

I can tell you from personal experience that one of the many barriers one encounters in getting law enforcement, the courts, the lawyers and the general public to understand the seriousness of these crimes lies in the term itself, “custodial interference.”

Custodial interference just doesn’t sound like a serious crime, and people in general mentally lump these offenses into a broad category of custody issues.

But child abduction by any person is a felony in this state. It is a crime with irreversible consequences, and the children and other victims suffer irreparable harm. These are known facts, beyond what common sense and simple human decency call for.

It is also important to distinguish kidnapping offenses from most other crimes in that they are continuing crimes; that is, the crime does not occur as a discrete event. Your children are just as kidnapped on the last day of the abduction as they were on the first, maybe even more so when you consider the damage to their lives.

Under the section titled “KIDNAPPING AND RELATED OFFENSES,’ Oregon statutes classify non-stranger abductions as “custodial interference in the first degree” or “custodial interference in the second degree.”

Here is the text of the statue, further explanation appearing below (emphasis added for clarity):

163.245 Custodial interference in the second degree. (1) A person commits the crime of custodial interference in the second degree if, knowing or having reason to know that the person has no legal right to do so, the person takes, entices or keeps another person from the other person’s lawful custodian or in violation of a valid joint custody order with intent to hold the other person permanently or for a protracted period.
(2) Expenses incurred by a lawful custodial parent or a parent enforcing a valid joint custody order in locating and regaining physical custody of the person taken, enticed or kept in violation of this section are “economic damages” for purposes of restitution under ORS 137.103 to 137.109.
(3) Custodial interference in the second degree is a Class C felony.

163.257 Custodial interference in the first degree. (1) A person commits the crime of custodial interference in the first degree if the person violates ORS 163.245 and:
(a) Causes the person taken, enticed or kept from the lawful custodian or in violation of a valid joint custody order to be removed from the state; or
(b) Exposes that person to a substantial risk of illness or physical injury.
(2) Expenses incurred by a lawful custodial parent or a parent enforcing a valid joint custody order in locating and regaining physical custody of the person taken, enticed or kept in violation of this section are “economic damages” for purposes of restitution under ORS 137.103 to 137.109.
(3) Custodial interference in the first degree is a Class B felony.

In the case of the Cruz family abduction, my children were in fact enticed, taken and kept in violation of a valid joint custody order that had been in effect for five years. My children were also exposed “to a substantial risk of illness or physical injury.”

The state of Oregon, through the work of the 2003 Senate President’s Task Force on Parental and Family Abductions, is rapidly gaining awareness that the statutory language is inadequate to describe the actual harm that abductions, even if committed by a parent and even if for a short duration, do to all such children.

These crimes cannot be unwound without additional, continuing harm to the children, and therefore the best solution is to prevent non-stranger abductions from occurring in the first place. That is the intent of Aaron’s Law, to act as an effective deterrent.

For more information on the harm family abduction inflicts on children, please see http://www.takeroot.org/. No one can explain this better than members of Take Root, all adults who were abducted as children by family members.

My former wife entrusted the care of my children to members of her church congregation, and it was these people who violated that trust relationship and enticed, took and kept my children in violation of the valid joint custody order.

More specifically, they took my children out of their schools in Hillsboro, Oregon and caused them to disappear on February 12, 1996 when the entire Northwest was in the middle of the Great Storm of 1996. By any definition, that act alone exposed my children “to a substantial risk of illness or injury.”

And you can bet that they kept their own children safe at home while they sent mine out on the road, bouncing from place to place, out of school.

The participants in the abduction were all members of the same church, from congregations in Oregon, Washington and Utah.

In Hillsboro, the chief culprits were David Holliday, a Mormon bishop, and Evelyn Taylor, the female equivalent of a Mormon bishop. Both used their church offices to commit or facilitate these crimes. Neither were ever charged or disciplined or investigated.

Two members of my former wife’s family, Tony Micheletti (Salem) and Cindy Anderson (Rainer), both participated in the abduction. Both also committed crimes of perjury and making false sworn statements. Neither were ever charged or investigated.

In Washington, Donald Taylor, a Mormon bishop in Battle Ground, used his church office to facilitate the kidnapping, and two church associates, Barry and Connie Dunford, also of Battle Ground, participated. None were charged or investigated.

In Utah, the central figures were Kory and Chris Wright, both Mormon officials who made the arrangements to hide the children in rural areas of the state. Neither were charged or investigated.

Steve Nielson, stepdad #2, also of Utah, played an unknown role in the early stages of the abduction, but clearly and actively “kept” my children in violation of the valid joint custody order. He also committed multiple acts of assault against my former wife, two of my children and even one of their friends (these crimes, including aggravated assault, were described in affidavits entered into the subsequent divorce proceeding), but no one ever called the police. He also committed the crimes of perjury and making false sworn statements. He also was never charged or investigated.

The valid joint custody order that protected my children, that kept their lives orderly and secure vanished in an instant, a worthless piece of paper.

Aaron’s Law is designed to act as a deterrent to non-stranger child abduction in several ways:

Aaron’s Law puts the interest of the child victim(s) first and foremost, and among the first things that need to happen in an abduction is for the abduction to end now!

Aaron’s Law authorizes the court to assign a qualified mental health professional and a guardian ad litem to act in the interest of the child victim at the very outset of the case, before any other findings or procedures. This element is intended to protect the children from manipulation by any party.

Aaron’s Law authorizes the court to charge the cost of these professional child advocates to the parties as the court sees fit. If you create the problem, you can expect to pay for it, starting here.

Aaron’s Law authorizes the court to send the parties (separately) to counseling directed at educating the parties to the harm their conduct is causing the children, and assess the cost of said counseling as the court sees fit. The court is authorized to do so at the outset of the case, again, to protect the children from manipulation.

These clauses are also designed to discourage frivolous suits or cases filed to harass another party.

Aaron’s Law creates civil liability for all parties to an abduction. If you want to abduct a child you are related to or otherwise acquainted with, be prepared to forfeit your house and other property. In other words, it had better be worth the risk.

None of the people who participated in the Cruz family abduction would have done so if it would have cost them some money.

The statute of limitations on criminal custodial interference, believe it or not, is only three years. The statute does not take into account either the continuing nature of the offense or the fact that many abductions last longer—much longer—than three years.

Aaron’s Law addresses both of these weaknesses, although only in civil cases filed under Aaron’s Law. The criminal statute is unchanged.

Aaron’s Law creates a civil action that is effective for up to six years after the child victim reaches the age of 18. This clause recognizes that children who suffer abduction are harmed in ways similar to that of sexual abuse, and it may take some time after the child victim reaches the age of 18 to understand and personally deal with what has happened in the child’s life. Again, see http://takeroot.org/ for information on the extent of harm.

In other words, if you abduct a 4-year-old child, under Aaron’s Law, you own a civil liability until that child is 21 years old. It had better be worth it to you.

Aaron’s Law, finally, is designed to ensure that the courts, the bar, law enforcement and the general public are better informed and better able to handle these cases. That may be the most effective deterrent of all.