Legislation seeks to tighten state kidnapping law

JEFFERSON CITY, Mo. -- State lawmakers filed legislation Monday to tighten the state's kidnapping law following an incident last week in which a 1-month old boy was taken from his rural western Missouri home and found hours later in Kansas City.

Although a suspect is in custody, Benton County prosecutor Karen Woodley has said she cannot charge the woman with kidnapping under Missouri's current law.

Instead, Tammy Roberson, 40, of Kansas City faces charges of felonious restraint and burglary in the abduction last Wednesday of Jesse Peaster. Both those charges carry lesser penalties than kidnapping.

"We want to make it very clear that if you kidnap a child, it's a very serious crime," said state Sen. Delbert Scott, R-Lowry City, who is sponsoring legislation expanding the definition of kidnapping. Rep. Tom Self, R-Cole Camp, filed an identical bill in the House.

Under current law, kidnapping occurs when someone "removes another without his consent from the place where he is found or unlawfully confines another without his consent for a substantial period of time" for any of five purposes.

Those purposes include seeking a ransom, reward or some other act in exchange for the person's release; using the person as a shield or hostage; interfering with a governmental or political function; facilitating the commission of another felony or flight; or inflicting physical injury upon or terrorizing the victim.

In the Benton County kidnapping, the prosecutor determined that none of those criteria were met.

Second definitionThe bills introduced Monday would add a second definition of child kidnapping not limited by those circumstances.

The proposed kidnapping language would apply in any case in which someone "removes a child under the age of 14 without the consent of his or her parent or guardian from the place where he or she is found or unlawfully confines a child under the age of 14 without the consent of his or her parent or guardian for a substantial period of time."

Kidnapping would remain a Class A felony, punishable by 10 to 30 years or life in prison.

First-degree burglary is a Class B felony, punishable by 5 to 15 years in prison. Felonious restraint is a Class C felony, punishable by up to seven years in prison.