If someone is physically running away with someone’s child, would a person be charged if they shot that person in the back while they were trying to get away? (U.S.A)
Kidnapping
r/AskLE
If someone is physically running away with someone’s child, would a person be charged if they shot that person in the back while they were trying to get away? (U.S.A)
Comments
not a LEO, but I believe it would come down to the specific situation and whether the shots fired were justified.
Would be pretty stupid to shoot at somebody carrying a child
You cant… This isn’t Hollywood.
Edit. I’ll add I’ve been in the hostage situation with an armed person using them as a shield with a weapon personally. You don’t want that victims death on your hands. One of chittises situations I have ever been in. Still haunts me. I had zero slack left in the trigger. My line of when he was catching rounds was clear in my head. It sucked!!!!!! I’m an incredible shot.
In a high stress situation a trained professionals ability drops approximately 50 percent. Or what the number that that was beat into my head. So there could be new data out there.
That whole in the back thing gets real grey fast even when justifiably (officers have been hosed over it) now just running away with a kid. Was the info provided. Oh hell no!!!!
It depends on a whole mess of variables, and what the prosecutor is thinking.
I would always, always, always refrain from firing a gun in the direction of a child unless there was no other option. The one time this came up for me was when I was chasing a suspect who had a knife and he ran into a nearby school. Up until then I had been chasing him with my gun in my hand, but once he got there I holstered it.
The short answer is that kidnapping is a deadly physical threat
Kidnapping is a forcible felony in my state (and equivalent to the same in most states) and deadly force is permitted to prevent the commission of a forcible felony.
You could argue Tennessee v. Garner, but understand you’re not law enforcement. Definitely would plea the Fifth and speak with a lawyer if that happened.
You need target isolation, which is not present since we are shooting in the back. There is a greater danger exception but i do not believe that applies here since the kid might get shot too
You are not that good of a shot.
Based on my reading of the laws in my jurisdiction, yes for the sole purpose of stopping a forcible felony, which kidnapping is.
You need more specifics in your scenario to get an appropriate answer you are looking for. How is the life of the child in danger? Is there any information that the kidnapper will harm or kill the kid? It could just be a child custody dispute and there is never the intent to harm the child. Even if it is some child molester that grabbed a little kid at a mall and is running towards his rapist van, it would be very tough to not accidentally shoot the kid by accident. Trying to shoot a moving target under high stress is pretty tough. If your only option is to shoot to save the child from death or harm then you need to close the distance and make a contact shot. The argument will always be was lethal force your only option?