Free Republic
Browse · Search
General/Chat
Topics · Post Article

Skip to comments.

Tennessee law could protect suspected kidnapper of Elizabeth Thomas
whnt ^ | march 27, 2017 | Chelsea Brentzel

Posted on 03/26/2017 11:42:52 PM PDT by Morgana

COLUMBIA, Tenn. - A Tennessee District Attorney told WHNT the man believed to have kidnapped 15-year-old Elizabeth Thomas could walk away with only a misdemeanor.

Investigators have repeatedly said it doesn't matter if the teen willingly left with 50-year-old Tad Cummins.

However, Tennessee law doesn't necessarily reflect that statement. In fact, whether or not she went willingly will play a huge role in determining whether or not the District Attorney can prove kidnapping.

(Excerpt) Read more at whnt.com ...


TOPICS: Education
KEYWORDS: amberalert; arth; elizabeththomas; homeschool; missing; tennessee
Navigation: use the links below to view more comments.
first 1-2021-26 next last

1 posted on 03/26/2017 11:42:52 PM PDT by Morgana
[ Post Reply | Private Reply | View Replies]

To: metmom; Tennessee Nana; Mrs. Don-o; Bodleian_Girl; Diana in Wisconsin

This is like a soap opera or reality show or something. Girl is kidnapped by teacher and now the Tennessee laws say what?


2 posted on 03/26/2017 11:45:27 PM PDT by Morgana ( Always a bit of truth in dark humor.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Morgana

Don’t federal statutes come into play if he took her across state lines? Or is kidnapping strictly a state law offense?


3 posted on 03/27/2017 12:01:03 AM PDT by Bob (Damn, the democrats haven't been this upset since Republicans freed their slaves.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Bob

I’m not a lawyer nor do I play one on TV but this would seem to be the case.


4 posted on 03/27/2017 12:02:33 AM PDT by Morgana ( Always a bit of truth in dark humor.)
[ Post Reply | Private Reply | To 3 | View Replies]

To: Morgana

If he crossed state lines it will be a federal kidnapping charge.


5 posted on 03/27/2017 12:08:09 AM PDT by unlearner (So much winning !!! It's Trumptastic!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Bob

It’s known as the Mann Act


6 posted on 03/27/2017 12:24:08 AM PDT by Nifster (I see puppy dogs in the clouds)
[ Post Reply | Private Reply | To 3 | View Replies]

To: Morgana

It’s generally foolish to rewrite statutes over one incident

I live 12 miles from there

Consensus is she is with him cause she wanted to and is hiding out with him for that reason ran off

I think her home life wasn’t great...though I could be wrong

So I don’t think that qualifies as kidnapping

I suspect the law was over parents running off with children in custody disputes when the kid seeked to flee

However I think he’s in serious trouble for the age issue

Age of consent in Tennessee is 18 unless I think it’s within two years age difference

Given his age and position it’s aggravated and authority figure charge

Carries real prison time

8-30

But she might not be willing to testify and she could be legal by the time it goes to court


7 posted on 03/27/2017 12:48:46 AM PDT by wardaddy (We're gonna have to kill a lot of them eventually which is hard to fathom)
[ Post Reply | Private Reply | To 1 | View Replies]

To: unlearner

The issue in Tennessee is whether she consented to go with him

Not sure you can charge kidnappimg federally either in presence of consent by a certain age

13 in Tennessee

For leaving with someone

Sexual consent by contrast is 18 now in 2916


8 posted on 03/27/2017 12:51:18 AM PDT by wardaddy (We're gonna have to kill a lot of them eventually which is hard to fathom)
[ Post Reply | Private Reply | To 5 | View Replies]

To: Nifster

Exactly right. This is a case in which the Feds can claim jurisdiction and I’ve no doubt they will.


9 posted on 03/27/2017 1:11:27 AM PDT by jazminerose (Adorable Deplorable)
[ Post Reply | Private Reply | To 6 | View Replies]

To: Morgana

What if he marries her in Mexico or something?


10 posted on 03/27/2017 1:13:49 AM PDT by Az Joe (Gloria in excelsis Deo)
[ Post Reply | Private Reply | To 1 | View Replies]

To: wardaddy

Pretty sure it applies to her without regard to her willingness, IF she crossed state lines:

https://www.law.cornell.edu/uscode/text/18/1201
U.S. Code › Title 18 › Part I › Chapter 55 › § 1201
18 U.S. Code § 1201 - Kidnapping
...
(g) Special Rule for Certain Offenses Involving Children.—
(1)To whom applicable.—If—
(A) the victim of an offense under this section has not attained the age of eighteen years; and
(B) the offender—
(i) has attained such age; and
(ii) is not—
(I) a parent;
(II) a grandparent;
(III) a brother;
(IV) a sister;
(V) an aunt;
(VI) an uncle; or
(VII) an individual having legal custody of the victim;


11 posted on 03/27/2017 1:27:38 AM PDT by unlearner (So much winning !!! It's Trumptastic!)
[ Post Reply | Private Reply | To 8 | View Replies]

To: Morgana

Hopefully the teacher reads this and believes it.


12 posted on 03/27/2017 5:47:11 AM PDT by stellaluna
[ Post Reply | Private Reply | To 1 | View Replies]

To: Bob

Well, “transporting women across state lines for immoral purposes” is a violation of the Mann act. That’s what they got Chuck Berry on.


13 posted on 03/27/2017 6:07:12 AM PDT by Boogieman
[ Post Reply | Private Reply | To 3 | View Replies]

To: unlearner

It would appear it is a federal crime yes as written what you said


14 posted on 03/27/2017 7:14:03 AM PDT by wardaddy (We're gonna have to kill a lot of them eventually which is hard to fathom)
[ Post Reply | Private Reply | To 11 | View Replies]

To: Morgana

I heartily disapprove of this whole apparent occurrence. Guy is a statutory rapist probably, endangered the morals of a child, but -

I don’t put him on the same plane as a guy who drags a girl off the sidewalk into his van.

There are levels of evil.

I think the van grabber guy is worse. I can accept laws that reflect that.

In a jury I’d vote to convict and put him away for as long as possible. I believe this is a serious crime and needs to be punished hard. But, not the same level as one who steals you from your bed, say, in the middle of the night. There’s a lot more terror involved, there.


15 posted on 03/27/2017 7:53:58 AM PDT by Persevero
[ Post Reply | Private Reply | To 1 | View Replies]

To: Morgana

Win or lose, there is something else the state could do, which is done in many other states. Craft a law making it a serious crime for “adults in a position of authority, trust or confidence” over minors to engage in sex with them, indifferent to whether they marry them first, which, oddly enough, is sometimes at issue. Sex includes improper communications or associations of any kind.

This eliminates a lot of the subjectivity about what the minor feels or thinks about the affair. It also puts pressure on institutions to prohibit situations in which adults can be alone with minors without at least the potential for observation. That is, counseling in an office must be done with an open door, etc.

The closing of the window of time for this is two fold, when the minor is 18 years old, *and* no longer under any sway by the adult, which is determined by institutional policy, not statute, which can overcome the, “I’ve graduated, now let’s have sex” situation.


16 posted on 03/27/2017 7:54:26 AM PDT by yefragetuwrabrumuy (Leftists aren't fascists. They are "democratic fascists", a completely different thing.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Morgana

He didn’t have legal custody of the minor in question. What the heck is there to argue?!


17 posted on 03/27/2017 8:04:30 AM PDT by mewzilla (Was Obama surveilling John Roberts? Might explain a lot.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: mewzilla

Kidnapping and statutory rape. TN law supports both charges.


18 posted on 03/27/2017 8:06:15 AM PDT by mewzilla (Was Obama surveilling John Roberts? Might explain a lot.)
[ Post Reply | Private Reply | To 17 | View Replies]

To: Bob

Yes, and FCC regs if a cell phone was used at any time or comupter, her age is the issue, the most likely out come is Statutory Rape by an Authority figure. But I doubt the Feds become involved, and State law is always to lenient on Statutory Rape.

H*** Tennessee can’t even get a 8 yr old’s rapist/killer going on 22 yrs on DR DNA proof, Confession, ALL APPEALS finished executed. Our RINO GOV just passes the buck, says Dept of Corrections has to set the date, DUH, he appoints the IDIOT, as well as the Head of the Parole Board, who has not changed in 23 yrs that I know of. Charles Traughber, spouse of late State Rep Lois DeBerry.


19 posted on 03/27/2017 8:07:58 AM PDT by GailA (Ret. SCPO wife: suck it up buttercups it's President Donald Trump!)
[ Post Reply | Private Reply | To 3 | View Replies]

To: wardaddy

Does Tennessee have any laws that apply to teacher/student relationships?


20 posted on 03/27/2017 8:22:47 AM PDT by Bodleian_Girl (Please check out TheCitizensAudit.com to find out what David Brock has been doing)
[ Post Reply | Private Reply | To 7 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-26 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
General/Chat
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson