Taylor v. Commonwealth

521 S.E.2d 293 (1999)

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Nature of the Case

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Facts

Tomika (D) was convicted as a principal for second-degree abduction. D and her fiancé, Avery arrived at the home of Meshia Powell to seek the ten-month-old son of Powell and Avery. The child had been in Powell's care since birth and Avery had only seen the child once and had never paid child support. There was no custody order pending and nor was there any proceeding. Avery with the assistance of D overcame the resistance of the mother and removed the child from her possession. Code § 18.2-47 provides in pertinent part: Any person who, by force, intimidation or deception, and without legal justification or excuse, seizes, takes, transports, detains or secretes the person of another, with the intent to deprive such other person of his personal liberty or to withhold or conceal him from any person, authority or institution lawfully entitled to his charge, shall be deemed guilty of 'abduction.' D argues that in the absence of a court order which curtailed custodial rights, Avery was entitled as a natural parent to take the child and as such she was not guilty as Avery was not guilty.