United States v. Franklin Delano Floyd

ALARCÓN, Circuit Judge.

This case presents us with a novel issue: Is a stepparent, who earlier relinquished custody of the child to the state, following the death of its biological mother, exempt from prosecution for kidnapping under 18 U.S.C. § 1201 because he is the victim’s “parent” under 18 U.S.C. § 1201? We conclude that, while the ordinary meaning of the word “parent” includes a stepparent, or any person who voluntarily assumes a biological parent’s responsibility to rear a child, a person who has terminated this status by freely relinquishing custody of the child to the state is no…