State v. Froland

At issue in this appeal is whether a stepmother who removes her stepchildren from the state with the consent of them father (her husband), but without the consent of their mother, is guilty of non-consent kidnapping under N.J.S.A. 2C:13-1. The Appellate Division upheld the stepmother’s kidnapping conviction under the circumstances described above. We granted certification and now reverse. Although subject to a charge of kidnapping by “force, threat or deception” under N.J.S.A. 2C:13-l(d), and to a charge of interference with custody under N.J.S.A. 2C:13-4(a), a party who acts with the…