[CA] Is a waitress picking up my child considered kidnapping?
I was at a restaurant last night. An employee, without asking me and while I was on the phone, picked up my 3-year-old and ran to the back. There were three men in the back. My son started screaming “Mommy, Mommy,” and only then did she bring him back. I was scared and didn’t know what to do. This happened in California. Is there anything I can do? Is this considered kidnapping?
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Yes, there’s something you can do: report this to local law enforcement (city police or county sheriff) as soon as possible so they can begin an investigation. What you’re describing is likely false imprisonment (more fitting than kidnapping), and the cameras could be helpful (Penal Code § 236). A civil claim may also be possible later, but start with the criminal report.
California is a two-party consent state for recordings (California Penal Code § 632). Be careful how you share that recording; public accommodations can still fall under the rule. Also, “simple kidnapping” generally requires moving someone a substantial distance against their will—bringing a child to the back room likely isn’t “substantial distance,” so false imprisonment remains the most likely charge.
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I was at a restaurant last night. An employee, without asking me and while I was on the phone, picked up my 3-year-old and ran to the back. There were three men in the back. My son started screaming “Mommy, Mommy,” and only then did she bring him back. I was scared and didn’t know what to do. This happened in California. Is there anything I can do? Is this considered kidnapping?
Lexi, Chatbot
Were there any witnesses?
No, but the restaurant has cameras.
Lexi, Chatbot
Anything else the lawyer should know?
No.
Hammad S. Esq.
Good day. I’m Scott, the attorney assisting you. I’m so sorry this happened to you and your child.
Thanks. I recorded her in public.
Hammad S. Esq.
Yes, there’s something you can do: report this to local law enforcement (city police or county sheriff) as soon as possible so they can begin an investigation. What you’re describing is likely false imprisonment (more fitting than kidnapping), and the cameras could be helpful (Penal Code § 236). A civil claim may also be possible later, but start with the criminal report.
California is a two-party consent state for recordings (California Penal Code § 632). Be careful how you share that recording; public accommodations can still fall under the rule. Also, “simple kidnapping” generally requires moving someone a substantial distance against their will—bringing a child to the back room likely isn’t “substantial distance,” so false imprisonment remains the most likely charge.
I called the non-emergency number. Dispatch said an officer would call me. Hours later an officer called and acted like it was no big deal.
Hammad S. Esq.
I wouldn’t read into his demeanor—they’re trained to be stoic.
What else can I do? Should I speak to a police supervisor?
Hammad S. Esq.
Give it a little time. If you don’t hear back in a few days, follow up—first with the officer, then a supervisor if needed.
I confronted the employee and recorded her saying, “I’m sorry, I’m sorry, in my culture it’s common to pick up children and show them off.” I told her that’s not what you do here.
Hammad S. Esq.
Again, be cautious about distribution of the recording.
Isn’t that freedom of the press?
Hammad S. Esq.
That exception wouldn’t apply here—you’re not press.
What about picking up my 3-year-old without my consent and running to the back?
Hammad S. Esq.
That supports false imprisonment.
So what do I do about that? The police didn’t even bother to make a report.
Hammad S. Esq.
You reported it—good. They should investigate. There will be a report generated.
Will they still investigate even though they acted like it was no big deal?
Hammad S. Esq.
Yes. Again, don’t rely on tone; they’re trained to stay neutral.
Would checking in with the officer in a week be a good idea? How should I approach it? “Hey, remember me, the freaked-out mom with the 3-year-old—what did you find?”
Hammad S. Esq.
Following up next Monday is reasonable if you haven’t heard back. Use the number on his card; if you don’t have it, call the station and ask for him. He’ll likely remember you.
Sorry for so many questions. I’m a survivor of violent crime and this brought back the same feelings.
Hammad S. Esq.
No need to apologize. You’re doing the right things.
Thanks for your help.
Hammad S. Esq.
You’re very welcome.
Hammad S. Esq.
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