I respectfully disagree.
"(b) Exposes that person to a substantial risk of illness or physical injury." A school filled with people and as "chaotic" as it was, did not walk Kyron to the class room to turn over Kyron to the teacher. She left a seven year old child with nobody looking after him by himself.
It was Terri who asked the teacher to take Kyron to see the exhibits. At that point it was Terri's responsibility to look after Kyron until he was turned back over to the school.
The only reason I used custodial interference instead of kidnapping is because I was not sure about parental abduction laws in Oregon.
I would also contend that he was seen leaving.
"Portland Public Schools spokesman Matt Shelby said two teachers saw Kyron with his mother and thought the two left school together. He said it was not uncommon for parents to pick up kids this way, so no suspicions were raised."
http://www.king5.com/news/local/NW-Portland-second-grader-still-missing-Saturday-95689114.html
"It was not uncommon for parents to pick up kids this way, so no suspicions were raised." When I read that, I thought that they saw them outside the school together. At least it is my impression of it. I mean if they saw them in the gym together, why would they think they left together?
The requirements to prove custodial interference is not the same as kidnapping. The ADA does not have to prove that Terri took Kyron, only that she left him vulnerable, which she did. "Exposes that person to a substantial risk of illness or physical injury."
I'll give you an example. A person wants to run into the store really quick and leaves the baby in the car, because she was sleeping. The car gets stolen. That's custodial interference. That person who left the child in the car left the child unattended. and something bad happened.
In this day and age, there is no reason to be leaving children at that age unattended. There are just to many sick people out there. Anyone can say what they want, but as far as I'm concerned, Terri Horman is responsible for Kyrons disappearance because at the very least, she did not make sure he was left with an adult to look after him. Terri left a seven year old child alone.
The student that saw Kyron, (the very last person to see Kyron) his statement was retracted. I believe it was because of the time.