Also known as:persons with responsibility · person with responsibilities · responsible person · person responsible
Written by attorneys · grounded in primary & secondary sources — see below
A person entrusted with the care and supervision of a minor or incompetent individual. The term identifies those whose consent is required before removal or confinement of such a person can be treated as lawful under kidnapping statutes.
Sources & Authorities
How it applies
Common Examples
2
Guardian Consent Requirement
Pamela Phillips, the court-appointed guardian of her twelve-year-old niece, learns that the child has been taken from school by a family acquaintance without her knowledge. Prosecutors charge the acquaintance with kidnapping. Because the child is under fourteen, the removal is unlawful unless accomplished with the consent of a parent, guardian, or other person responsible for general supervision of the child's welfare. The absence of Pamela's consent supplies the required element.
Force by Responsible Caregiver
A school nurse restrains a disruptive seven-year-old during a medical emergency after the child's mother, the only parent, cannot be reached. The mother later challenges the restraint as unlawful. Because the nurse was acting at the request of a person responsible for general care and supervision of the minor, the force is privileged under the statute if used only to safeguard the child's welfare and without substantial risk of serious harm.
Put it into practice
Test Yourself
10
Practice Questions5
· 7 primary sources
Select any source to read its text and confirm it supports the definition.
Statutes
Uniform Acts
Model Codes
Study Supplements
Common questions
Frequently Asked
3
Whose consent prevents a removal from being unlawful when the victim is under fourteen?+
Consent must come from a parent, guardian, or other person responsible for general supervision of the minor's welfare. Without that consent the removal is unlawful and can support a kidnapping charge.
Supporting sources
Does the term extend only to formally appointed guardians?+
No. The statute includes any person responsible for general supervision, so informal caregivers who exercise ongoing supervisory authority qualify even without formal appointment.
Supporting sources
How does the term affect grading of the kidnapping offense?+
The term determines whether the initial removal or confinement is unlawful. Once that element is satisfied, grading turns on whether the actor voluntarily releases the victim alive and in a safe place before trial.
Supporting sources
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