The following definitions are applicable to this part:
(1) “Restrain” means to restrict a person's movements intentionally and unlawfully in such a manner as to interfere substantially with his liberty by moving him from one place to another, or by confining him either in the place where the restriction commences or in a place to which he has been moved, without consent. As used herein “without consent” means, but is not limited to, (A) deception and (B) any means whatever, including acquiescence of the victim, if he is a child less than sixteen years old or an incompetent person and the parent, guardian or other person or institution having lawful control or custody of him has not acquiesced in the movement or confinement.
(2) “Abduct” means to restrain a person with intent to prevent his liberation by either (A) secreting or holding him in a place where he is not likely to be found, or (B) using or threatening to use physical force or intimidation.
(3) “Relative” means a parent, ancestor, brother, sister, uncle or aunt.
(1969, P.A. 828, S. 92; P.A. 92-260, S. 35.)
History: P.A. 92-260 amended Subdivs. (1) and (2) to replace Subpara. designators “(a)” and “(b)” with “(A)” and “(B)”, respectively.
Language is clear and does not lend itself to any equivocal interpretation. 173 C. 165. Cited. 177 C. 335; 179 C. 328; 188 C. 406; 191 C. 604; 200 C. 586; 209 C. 733; 211 C. 672; 215 C. 716; 216 C. 647; 219 C. 489; 225 C. 347; 226 C. 618. Terms “restrained” and “abducted” interpreted to include frightening victim to remain in bedroom through repeated physical and verbal abuse. 258 C. 510. The point at which an intended interference with liberty under Subdiv. (1) crosses the line to become an intended prevention of liberation under Subdiv. (2) is not entirely clear. 287 C. 509.
Cited. 20 CA 437; 46 CA 486; 55 CA 447.
Subdiv. (1):
Cited. 180 C. 565; 195 C. 253; 198 C. 147; Id., 430; Id., 537; 202 C. 520; 215 C. 173; 237 C. 284.
Cited. 5 CA 586; 13 CA 667; 17 CA 339; 19 CA 396; 30 CA 281; 31 CA 312.
Subdiv. (2):
Cited. 172 C. 22; 177 C. 637; 178 C. 634; 182 C. 449; 199 C. 537.
Cited. 36 CA 190. To prove unlawful restraint, the state had to prove that defendant abducted alleged victim by restraining her with intent to prevent her liberation by using or threatening to use physical force or intimidation. 81 CA 320.
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