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9. Offences against the human family
 
  Article 71-Offences involving kidnapping and unlawful custody  
71.1 Family member unlawful restraint  
  Family member unlawful restraint is the capture or detention of a family member by one or more persons of their family against their will, without lawful excuse.  
 
 Primary Fact(s)
 1. That the victim was taken and/or held against their will, or the will of their legal guardian.
 2. That the actions of the accused contributed to the unlawful restraint.
 
 
 Penalty Conditions (Level 3-Crime)
Type
 Condition(s)
1-3
 a) by a parent with approved visitation rights where the transport does not cross state boundaries;
4-6
 a) by a parent with approved visitation rights where the transport crosses state boundaries;
 
 
 Penalty Conditions (Level 4-Crime)
Type
 Condition(s)
1-3
 a) by a parent with approved visitation rights where the transport crosses national boundaries;
4-6
 a) by a parent with no custody rights where the transport does not cross state boundaries;
 
 
 Penalty Conditions (Level 5-Crime)
Type
 Condition(s)
1-3
 a) by a parent with no custody rights where the transport crosses state boundaries;
b) involving minor injury;
4-6
 a) by a parent with no custody rights where the transport crosses national boundaries;
b) involving grievous harm to the child;
 
 
 Penalty Conditions (Level 6-Crime)
Type
 Condition(s)
1-3
 a) In which the child dies from any injury attributed to the kidnap;
4-6
 a) In which any kind of torture or especial cruelty is inflicted upon the child, whether or not resulting in death;
 
     
     
 
 

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