As used in this chapter, the terms bodily injury and serious bodily injury have the meanings provided by § 16.10. COMMENT: Chapter 22 provides a general overhaul of the former law of kidnapping and related offenses. The major problem is the former law was over-broad and the main thrust of this chapter is to provide a scheme which more carefully delineates the offenses sought to be included. One result is the elimination of a crime of Afalse imprisonment.@ the Guam Penal Code (§§ 236 and 237) afforded substantial possibilities of abuse, although these sections have been little used in the past. Now, §§ 22.20 and 22.30 cover a substantial part of a more serious conduct prescribed by the former section. This coverage is supplemented by §§ 19.30 (assault) and 22.60 (criminal intimidation), as well as by the availability of civil remedies for those whose personal liberty has been violated, particularly by police officers. NOTE: § 22.20 defines kidnapping and provides an incentive for the safe release of the victim by making the crime a felony of the second degree where the victim is alive and in a safe place prior to trial. Also, it is important to note that the basic definition requires a substantial removal of the victim or a substantially long time of confinement unless the victim is removed from his place of residence or business. Where the removal is for a brief period only, with the intent to commit another crime, such as robbery, the crime would fall under one of the various robbery statutes. A lesser crime of unlawful restraint (§ 22.30) is established as a third degree felony where there is little risk to the victim of serious bodily injury or where the victim is being held under involuntary servitude. This is in addition to, and not superseded by § 22.20 and a person may be held under involuntary servitude even though he is seen openly and in his, or her, accustomed haunts, such as in certain cases of bar girls. NOTE: § 22.40 deals with child stealing, except where a relative takes or keeps a child as protection from some physical or emotional harm.
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NOTE: § 22.50 compliments § 22.40 in that the former section includes additional conduct not proscribed by the latter section. § 22.50 will be the section used when it is necessary for the attorney general to step into custody fights by parents and subsequent violations of court orders of custody. SOURCE: *M.P.C. § 212.0; mass. Ch. 263, § 3; N.J. § 2c:11-1.