October 21, 2019 #1 Local News, Forum, Information and Event Source for Venice Beach, California.

Child Abducted in Venice

 

 

Abduction

On the morning of Wednesday, April 26, 2017, Nishia Burnett- Hayer abducted her six year old son from his elementary school in Venice, California. Burnett- Hayer, who does not have legal custody of her son, was arrested later that night when she fled from her car (son in her arms) into a nearby Harley Davidson store. Her son, West Burnett, who was last seen at Cour D’ Alene Avenue Elementary School, was abducted at approximately 8:35 AM. An Amber Alert was issued for West, who authorities report was taken from school in his mother’s gold BMW 530i.

Child abduction (PC 278) is defined as wrongfully removing, retaining, detaining, or concealing a child from his or her legal guardian. A child can be abducted by use of persuasion, fraud, or open force or violence. Although abduction by a stranger does happen, abduction by a parent is more common. Usually, parents that abduct children are acting in defiance against a court order that limits (or eliminated) their custody over their child. Child abduction is considered a crime against the parent, not the child. To convict someone of this crime, the prosecutor must prove these elements of the crime:

  1. One maliciously took, enticed away, kept, withheld, or concealed a child
  2. One did not have a right of custody over the child
  3. One specifically intended to conceal or detain the child from his/her lawful custodian (a

person who has the right to custody over a child)

When a person acts maliciously, they purposefully intended to commit a wrongful act.

Detaining a child qualifies as stopping the child from returning to his or her legal guardian. Keep in mind, there are significant differences between child abduction and kidnapping. Kidnapping is when a person moves another individual a substantial distance without that person’s consent and force and or fear was used. On the other hand, the offense of child abduction requires an intent to

conceal or detain a child from his/her legal guardian. Also, kidnapping is broader. As a result, a person can be convicted of kidnapping if there was any illegal intent involved.

The main difference between the two is that kidnapping is charged as a crime against the person being kidnapped, whereas child abduction is counted as crime against the legal guardian. PC 278 is a wobbler in California, which means prosecutors may charge someone like Burnett- Hayer with either a misdemeanor or felony. If she is charged with a misdemeanor, she could face up to one year in a county jail and a maximum $1,000 fine. However, if she is charged with a felony, she could face up to four years in California state prison and a maximum $10,000 fine. Though it varies based on circumstances, it is possible for a person to be convicted of both offenses of Child Abduction and Kidnapping.

 

Related Posts

Marina Spooktacular returns, Soulfull Cacao Ceremony & Concert: Yo! Venice Westside Local Show October 18, 2019

October 19, 2019

October 19, 2019

Yo! Venice Westside Local Show October 18, 2019 – all your fun local events and happenings in under 5 minutes*...

40 Units of Permanent Supportive Housing on Lincoln Boulevard?

October 15, 2019

October 15, 2019

Venice Community Housing submits proposal to LA City Planning By Sam Catanzaro An auto repair shop on Lincoln Boulevard in...

Edify TV: Westside Measles Exposure

October 15, 2019

October 15, 2019

The Los Angeles County Department of Public Health has announced that a person with measles visited several Westside businesses this...

Man Who Died on Venice Beach Last Week Identified

October 15, 2019

October 15, 2019

Cause of Timothy Hutson’s death still unknown By Sam Catanzaro Over the weekend investigators identified a man whose body was...

Prince vs. Bowie silent disco on the Santa Monica Pier, Los Angeles Brazilian Film Festival: Yo! Venice Westside Local – Oct. 11 2019

October 11, 2019

October 11, 2019

Yo! Venice Westside Local – Oct. 11th 2019 – all your local events and happenings in under 5 minutes.* Prince...

Body Found on Venice Beach

October 9, 2019

October 9, 2019

Body found Wednesday morning By Sam Catanzaro The Los Angeles Police Department (LAPD) is investigating a body that was found...

Building Affordable too Costly? Use Existing Units to House Homeless

October 9, 2019

October 9, 2019

Report released showing cost of developing affordable housing in Los Angeles By Sam Catanzaro As the Los Angeles City Controller...

Letter to the Editor: Bringing Homeless into Policymaking?

October 8, 2019

October 8, 2019

Dear Editor: It was ironic to see your cover story (Bringing Homeless into Policymaking? – 9/26/19), with yet another dubious...

Man arrested for stabbing wife on Speedway near Venice Beach, Thatcher Yard development to break ground in 2020: Yo! Venice This Week: October 7

October 7, 2019

October 7, 2019

Yo! Venice This Week: October 7, 2019 – all your local news and happenings in under 5 minutes* Man arrested...

Man Arrested After Repeatedly Stabbing Wife in Venice

October 7, 2019

October 7, 2019

LAPD arrest man on suspicion of murder Friday night By Sam Catanzaro A man was arrested in Venice Beach Friday...

Venice student donates over $1,000 to Bahamas relief effort, Skate, Bike, and Roll Breast Cancer event: Yo! Venice Westside Local October 4 2019

October 4, 2019

October 4, 2019

Yo! Venice Westside Local October 4 2019 – all your fun local events and happenings in under 5 minutes.* Venice...

Thatcher Yard to Break Ground in 2020

October 4, 2019

October 4, 2019 1

98 units of housing for seniors and formally homeless families By Sam Catanzaro According to a report recently released by...

Venice Fifth Grader Raises Over $1,000 for Families Devastated by Hurricane Dorian

October 2, 2019

October 2, 2019

10-year-old Scarlett Johnson raises money for Direct Relief By Keldine Hull As students around the world become more vocal about...

Bonin Calls For Investigation Into Playa del Rey Oil Facility, Water fountains near Venice homeless encampment: Yo! Venice This Week September 30

October 1, 2019

October 1, 2019

Yo! Venice This Week September 30 – all your local news in under 5 minutes.* Bonin Calls For Investigation Into...