State v. LaCaze

Dimmick, J. —

This case presents the question of whether a parent may be found guilty of second degree kidnapping of his own children when no evidence is introduced showing that his parental rights have been limited by court order or decision. We hold he may not be properly convicted of kidnapping and thereby reverse the trial court.

The facts are not in dispute. Defendant was on an extended furlough from the Washington State Penitentiary at Walla Walla, beginning November 6, 1978. The furlough was limited, and did not include authority to travel to the Omak, Okanogan County, home of his four…