Legal Question in Criminal Law in Michigan
Daughter was tied up as a prank
My daughter (13) was taped up with duct tape, her mouth included. She has asthma, and passed out. She overheard the 3 captors talking about throwing her in the lake (tied up). She was crying, terrified they were going to kill her. No outward physical injury, but mental distress for sure. She will see a counselor this week. We have reported this to the police. She is not eating, she is depressed. I am infuriated at the 3 who did this to her. What should I do? What could happen to the 3...legally?
3 Answers from Attorneys
Re: Daughter was tied up as a prank
You can sue the captors. The captors could be criminally charged also.
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Re: Daughter was tied up as a prank
The options for criminal charges are hard to guesstimate with the information you have given. The prosecutor will have to review the entire police investigation report, which may shed light on how much of a 'prank' this was.
One charge that comes to mind is Unlawful Imprisonment (MCL 750.349b). It's a felony that, for adults, carries up to 15 yrs in prison and/or $20,000 fine. The part that might apply here is "secretly confining and knowingly restraining".
This crime is relatevely new, and is a response to the fact that traditional Kidnapping didn't apply when the victim was restrained but not moved (e.g., a robber ties a store clerk up behind the counter vs. a robber moves the clerk into a back room and ties them up). This might apply, but the full investigation report may make this charge inappropriate.
Re: Daughter was tied up as a prank
When did you report this to the police? Once reported, the Berkely police or the Oakland County Prosecutor should be contacting you.
It would be unusual for the prosecutor to delay action on this matter.
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