Mass. Gen. Laws » Part IV Title I Chapter 265

Mass. Gen. Laws ch. 265, § 26A

Kidnapping of minor or incompetent by relative; punishment

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Section 26A. Whoever, being a relative of a child less than eighteen years old, without lawful authority, holds or intends to hold such a child permanently or for a protracted period, or takes or entices such a child from his lawful custodian, or takes or entices from lawful custody any incompetent person or other person entrusted by authority of law to the custody of another person or institution shall be punished by imprisonment in the house of correction for not more than one year or by a fine of up to one thousand dollars, or both. Whoever commits any offense described in this section by taking or holding said child outside the commonwealth or under circumstances which expose the person taken or enticed from lawful custody to a risk which endangers his safety shall be punished by a fine of not more than five thousand dollars, or by imprisonment in the state prison for not more than five years, or by both such fine and imprisonment.

Notes of Decisions
Cited in 15 cases (1 in the last 5 years), 1982–2024 · leading case: Commonwealth v. Beals
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Commonwealth v. Beals (1989) mass · cites it 10× “The defendant, Maria Beals, is charged with kidnapping her two sons and taking them out of Massachusetts, a felony under G. L. c. 265, § 26A (1988 ed.). A judge in the District Court, acting in accord with Mass.”
Commonwealth v. Lockwood (2019) massappct · cites it 8× “266, § 18 ; two counts of aggravated parental kidnapping, G. L. c. 265, § 26A ; assault and battery upon a person over sixty, G.”
United States v. Fazal-Ur-Raheman-Fazal (2004) ca1 · cites it 2× “”) with Mass. Gen. L. ch. 265, § 26A (“Whoever ..”
Suboh v. District Attorney's Office (2002) ca1 “Mass. Gen. Laws ch. 265, § 26A (2000). As a matter of law, mere probable cause for arrest on kidnapping charges of a person claiming custody is not a sufficient basis on which to determine a custody dispute, nor is an arresting police offi *97 cer the correct person to be making…”
Commonwealth v. Gonzalez (2012) mass · cites it 3× “The defendant was indicted in December, 2008, pursuant to G. L. c. 265, § 26A (parental kidnapping statute), after his five year old nonmarital son, 1 whom we shall call G.”
United States v. Homaune (2012) dcd “2d 1011, 1015 (1989), the Supreme Judicial Court made clear that “a parent who has taken his or her children from the other parent before there was any court proceeding cannot be convicted of parental kidnapping under Mass. Gen. L. ch. 265, § 26A.” (emphasis added).”
Commonwealth v. Elliffe (1999) massappct “As a result, Nolan made application for a criminal complaint against the defendant pursuant to G. L. c. 265, § 26A, alleging familial kidnapping.”
Commonwealth v. Bachir (1998) massappct · cites it 2× “The defendant was indicted for parental kidnapping (G. L. c. 265, § 26A), and for violating a restraining order (G.”
Care & Protection of Torrence (2009) mass “Kidnapping charges were brought against the parents under G. L. c. 265, § 26A, because of their disobedience of the custody order, but those charges have been nol prossed.”
Trupiano v. Trupiano (1982) massappct “See G. L. c. 265, § 26A, inserted by St. 1979, c.”
Piccone v. McClain (2010) mad · cites it 2× “The complaints alleged custodial interference by relatives pursuant to Mass. Gen. Laws ch. 265, § 26A (“Section 26A”).”
Commonwealth v. Gerhartsreiter (2012) massappct “The defendant, Christian Karl Gerhartsreiter, was indicted by a grand jury on September 26, 2008, and charged with parental kidnapping, in violation of G. L. c. 265, § 26A; assault and battery by means of a dangerous weapon, in violation of G.”
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