MS - Runaways

I think this belongs here as it certainly applies to the missing, but if it needs a new home, sorry, and please move it!

It is being discussed more and more that the term "runaway" is starting to branch off into a whole new realm

There are the "classic" runaway cases. The child that takes off from home, either to rebel, to have more freedom, to escape an abusive situation, or a myriad of other scenarios.

Then there is the "web/net" runaway (that's what I'm calling them for now anyways). The ones who meet someone online and then arrange to leave with them. To me this is a situation that puts a runaway in a far more dangerous situation immediately than the classic runaway. It also seems important not to label them under the classic/traditional runaway for reasons connected to the public and the media.

Runaways don't get much attention from the media or from LE, there are just too many of them (very sad, but true, and that's a whole other topic/discussion, not for this one). These children however that have fallen victim to these sexual predators need to be out in the media, in the public eye and they need to be differentiated from the rest. Not because they deserve better, because we know they are in imminent danger by definition.

So, with the changes in the runaway world, what are your thoughts? How can they be "labeled" so they get the coverage and LE resources they need?

TIA

I wouldn't classify a child who is groomed and lured away by an online (or real life) predator a "runaway". IMO, that's an abduction as sure as if they were grabbed off the street.

Calliope said:

I wouldn't classify a child who is groomed and lured away by an online (or real life) predator a "runaway". IMO, that's an abduction as sure as if they were grabbed off the street.

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Agree, however in those first critical days it often appears that they "ran away" because they left on their own.

The fact is, 9 times out of 10, 'web runaways' are aided by adults. IMHO I think they should be considered abductions, not runaways at all. If an adult provides physical or financial aid to help the child runaway, that person should be charged with a crime and LE should immediately investigate the case as an abduction.

sarx said:

Agree, however in those first critical days it often appears that they "ran away" because they left on their own.

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Even so, if there is the slightest evidence that they were lured by someone online, it should be considered an abduction. I know that's not a popular stance, but I feel do feel strongly about this. I'm not talking about two kids of roughly the same age hooking up and running away, but an older teen/younger child, adult/minor connection. It's clearly a power play on the part of the predator, and I don't consider the child as having a choice or the ability to consent, even if they willingly went to meet the other person.

I agree, maybe I didn't do a good job of explaining what I'm asking.

In a case where we are not sure that they have been abducted, but think it's a possibility, what could these kids be called? When you don't think they ran away, but you're not sure they were abducted either. But it's a possibility that they met someone on the net and went after them. I don't like to categorize them in the abduction class just yet, but don't want to put them in the runaway group either.

There are teens on the NCMEC that are listed as Endangered Missing and not Runaways. Who makes the distinction? I am not sure if it's LE or the NCMEC that does.


I do know LE rarely puts out press releases on runaways and if they do, media rarely covers runaways.


Let them turn up raped or dead though and the media is all over that story.

It's a sad state about our world where a dead child is better "news" than a missing child.

1035

FBI Assistance in Missing Persons Cases

In a missing person case, as a matter of cooperation, the Federal Bureau of Investigation (FBI) will, at the request of a state or local law enforcement agency, make available the facilities of the FBI Identification Division and the FBI Laboratory.

Information pertaining to certain categories of missing persons, including missing children, may be entered into the missing person file of the FBI operated National Crime Information Center (NCIC) by the local law enforcement agencies and, since passage of the Missing Children Act (Pub. L. 97-272, amending, 28 U.S.C. § 534), by parents of missing children if the local law enforcement agency will not do so.

1036

24 Hours Rebuttable Presumption

The rebuttable presumption set forth in 18 U.S.C. § 1201(b) does not create a presumption of kidnapping. Rather, it creates a presumption of transportation in interstate or foreign commerce in cases where an actual kidnapping has been established. The presumption was added to the statute to give the FBI jurisdiction to investigate. In a Federal prosecution under 18 U.S.C. § 1201(a)(1), actual interstate or foreign transportation must be proved. See United States v. Moore, 571 F.2d 76 (2d Cir. 1978).

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18 U.S.C. § 1201(a)

(a) Whoever unlawfully seizes, confines, inveigles, decoys, kidnaps, abducts, or carries away and holds for ransom or reward or otherwise any person, except in the case of a minor by the parent thereof, when—

(1) the person is willfully transported in interstate or foreign commerce, regardless of whether the person was alive when transported across a State boundary, or the offender travels in interstate or foreign commerce or uses the mail or any means, facility, or instrumentality of interstate or foreign commerce in committing or in furtherance of the commission of the offense;
(2) any such act against the person is done within the special maritime and territorial jurisdiction of the United States;
(3) any such act against the person is done within the special aircraft jurisdiction of the United States as defined in section 46501 of title 49;
(4) the person is a foreign official, an internationally protected person, or an official guest as those terms are defined in section 1116 (b) of this title; or
(5) the person is among those officers and employees described in section 1114 of this title and any such act against the person is done while the person is engaged in, or on account of, the performance of official duties,
shall be punished by imprisonment for any term of years or for life and, if the death of any person results, shall be punished by death or life imprisonment.

18 U.S.C. § 1201(b):

(b) With respect to subsection (a)(1), above, the failure to
release the victim within twenty-four hours after he shall have
been unlawfully seized, confined, inveigled, decoyed, kidnapped,
abducted, or carried away shall create a rebuttable presumption
that such person has been transported to interstate or foreign
commerce. Notwithstanding the preceding sentence, the fact that the
presumption under this section has not yet taken effect does not
preclude a Federal investigation of a possible violation of this
section before the 24-hour period has ended.

http://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/crm01035.htm

http://www.law.cornell.edu/uscode/18/usc_sec_18_00001201----000-.html

The FBI has jurisdiction to investigate or assist in the investigation of any report of a missing person, but in order to prosectute it must be proven they used "actual interstate or foreign transportation". An online predator (which is automatically under Federal jurisdiction) who lures a child (or anyone for that matter) into meeting him has committed an abduction; if they do not release the victim within 24 hours, then it is presumed they have crossed state lines and the FBI has jurisdiction.

In 1932, Congress gave the FBI jurisdiction under the “Lindbergh Law” to immediately investigate any reported mysterious disappearance or kidnapping involving a child of “tender age”—usually 12 or younger. And just to be clear, before we get involved there does NOT have to be a ransom demand and the child does NOT have to cross state lines or be missing for 24 hours.

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http://www.fbi.gov/hq/cid/cac/kidnap.htm

Seconds count when kids are missing

She says reports of runaway kids are usually handled differently

than missing child reports. But, if parents aren't sure whether their kid run away or not, deputies will threat the case as a missing child.

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http://www.kjct8.com/Global/story.asp?S=12266972

sarx said:

I agree, maybe I didn't do a good job of explaining what I'm asking.

In a case where we are not sure that they have been abducted, but think it's a possibility, what could these kids be called? When you don't think they ran away, but you're not sure they were abducted either. But it's a possibility that they met someone on the net and went after them. I don't like to categorize them in the abduction class just yet, but don't want to put them in the runaway group either.

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GREAT topic - thanks! IMO these children are in the most danger - not sure of abduction and not sure of running away - not sure of being lured away by a perp/pedophile! isn't that what Kayleah's status seems to be?

Wonder if the problem has to do with funds and resources? If the child is a runaway - maybe it becomes the problem of another state or county. Seems almost convenient to label a child 'runaway', like wiping your hands clean and taking a deep breath of fresh air. I know in Chicago there are hundreds of Sheriff and LE laid off. In this economy, things will only get worse. As far as what and how to put a name on this group of grey area kids - I have no idea! mho moo

Oh come on eyes, throw out a name, let's start! It has to start somewhere! Please! Sorry, it's been a long day.

Great topic and one that really needs attention and change

I think there are so many "cases" that ended in tragedy with young people and in the beginning the LE did not really look for them , just classified them as runaways

And now with the internet and social media the number of predators out there lurking and preying on these kids is revolting....I agree that they need a new way to handle these cases

another category that I find really scary is the "throwaway" kids : kids who run away, on their own or with an internet predator or whatever...and NO one even cares...they have no one to advocate for them, I am thinking of kids from these messed up homes where the so called parent is on drugs, or in prison and some family "takes them in" and doesn't care...kids in foster homes....

there are a lot of throwaway kids out there and no one to advocate for them....whatever "family" they have might be all too ready to write them off as a "runaway"

The whole situation needs help and IMHO new laws or procedures...the vital early hours and day/s of a missing child/teen are being squandered by this
stance of "just a runaway" JMO

sarx said:

In a case where we are not sure that they have been abducted, but think it's a possibility, what could these kids be called? When you don't think they ran away, but you're not sure they were abducted either.

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A very interesting and thought provoking topic here! I have an idea what these kids could be called.

How about calling them Endangered Juveniles?

I can think of five catagories that the term Endangered Juveniles could apply to:

1. Suspicion of abduction.

2. Suspicion of being lured by any type of predator.

3. Suspicion of being lured by an adult who is not the parent or legal guardian of the endangered juvenile.

4. The missing juvenile is in need of their required daily medication and missing their medication would lead to a very serious medical emergency.

5. The juvenile is a handicapped person.

I would think that any of the above five catagories would deem a missing kid to be an endangered juvenile as opposed to being a runaway.

In this country we tend to legislate many things by age; 16 (mostly) to drive or drop out of school, 18 to vote, 21 to drink (which is ridiculous IMO that one can do 3 yrs of combat duty and be condemned to die by jury before they can have a beer) and other ages for other markers in life.
I think there should be an age (under 16 perhaps) where no matter what the circumstances of a child not being where he/she is meant to be, the child is considered a missing child and treated as such, complete with searches and alerts and media. It should not be a matter of how well parents come off in explaining their child's habits to LE to determine if the child warrants a full-scale search by LE (and it should not even need to be said that socio/economic/racial issues should not be a factor but will say it anyway as I am a cynic.)

I agree with that cluciano. I do think the age probably logistically would have to be lower though, more like 14, but I think that is an excellent idea/point. We legislate by age because you have to use something quantitative. I also agree that the drinking vs. serving your country issue is so true. All very thought provoking stuff on here!