Tennessee law could protect suspected kidnapper of Elizabeth Thomas

whnt ^ | march 27, 2017 | Chelsea Brentzel

[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.

[Morgana]

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

[Bob]

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

[Morgana]

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

[unlearner]

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

[Nifster]

It’s known as the Mann Act

[wardaddy]

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

[wardaddy]

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

[jazminerose]

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

[Az Joe]

What if he marries her in Mexico or something?

[unlearner]

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;

[stellaluna]

Hopefully the teacher reads this and believes it.

[Boogieman]

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

[wardaddy]

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

[Persevero]

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.

[yefragetuwrabrumuy]

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.

[mewzilla]

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

[mewzilla]

Kidnapping and statutory rape. TN law supports both charges.

[GailA]

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.

[Bodleian_Girl]

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