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Abduction

taking, offender, woman, age, consent and person

ABDUCTION, the act of abducing or ab ducting; a taking or drawing away, and spe cifically an unlawful taking. In the United States the word abduction is ordinarily applied to the illegal seizure and detention of a female for the purpose of concubinage, prostitution or marriage. The punishment for abduction varies in the different States of the Union. The tendency of American legislation is to extend the scope of the term beyond its com mon law limits. In many States the statutes in express terms look to the punishment and suppression of the vices which are involved in the sexual acts usually contemplated in the unlawful taking or enticing of females. They are variously directed against the taking of a woman against her will for the purpose of compelling her by force, menace, etc., to marry; against the taking of a female under a desig nated age, without the consent of her lawful custodian, for the purpose of marriage; against the taking and detaining of any woman against her will, with intent to have carnal knowledge of her, or that another shall have such knowl edge; against the inveigling or enticing of an unmarried female of previous chaste character into a house of ill fame, assignation or else where, for the purpose of prostitution or sexual intercourse, or against the taking and seduction of a girl under a designated age.

In common and English law this offense is of three kinds: (1) If any person shall ma liciously, either by force or fraud, lead, or take away, or detain, any child under the age of 10 years, with intent to deprive the parents or other persons having the lawful charge of such child, or with intent to steal any article on itsperson; or shall receive or harbor such child, knowing the same to have been so stolen or enticed,— every such offender shall be guilty of felony, and shall be liable to penal servitude for not more than seven or less than three years, or imprisoned, with or without hard labor, for any term not more than two years.

(2) If the girl is under the age of 16 years, the offender shall be guilty of misdemeanor, and being convicted thereof shall be liable to suffer such punishment, by fine or imprison ment, or both, as the court shall award. (3) If any person shall, from motives of lucre, take away or detain against her will, any woman having any interest, present or future, in any real or personal estate, with intent to marry or defile her, or to cause her to be mar ried or defiled by any other person, every such offender, and every person counseling, aiding, or abetting such offender, shall be guilty of felony, and liable to penal servitude for life,, or for any time not less than three years, or to be imprisoned, with or without hard labor, for any term not exceeding five years. If the woman first consent to be taken away, and afterward refuse to continue with the offender, and he forcibly detain her; or if she be forc ibly taken away and she afterward consent to her marriage or defilement; or if she be taken away with her own consent, obtained by fraud or imposition, the offense is the same. But if a man, without fraud, deceit, or violence, mar ries a woman under age, without the consent of her father or guardian, that act is not in dictable at common law.

In logic, abduction is a form of reasoning in which the greater extreme is contained in the medium; but the medium is not so evidently in the lesser extreme. Example: °Whatever God has revealed is certainly true; now God has revealed a future retribution; therefore a future retribution is certainly true.)) In the use of this kind of reasoning the minor prop osition must be proved to be contained in the major.