What are the repercussions for knowingly harboring a runaway?

Question Details:

My daughter ran away and was gone for 5 days. When she left I immediately called the friend that was here right before she left and he assured me that he did not know where she was. I called and spoke to this friend in great length about trying to find her, as well as spoke to his sister, AND THEY BOTH LIED TO ME REPEATEDLY ABOUT HER WHEREABOUTS. His mother, sister and him kept me from her knowing the situation. What can I do for this?

Asked 1/7/2010 under Criminal Defense | 1779 View(s) | More Legal Topics

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Criminal Defense Law Answers

Robert M. Klein / Robert M. Klein, Law Offices of Answered 2 years ago | Contributor with 0 answers This attorney is licensed in California

This is a very interesting question.  I am not certain my response is correct and look forward to the other CA lawyers adding their thoughts. 

If you daughter is an adult, there is nothing you can do.  Even is she is a minor, in the facts that you raise, I do not think you have any case or claim against the other family.  In any legal case where you are seeking damages from someone else, there are 4 questions we ask.  The first question is whether or not the other person owed you a duty.   Duty is a very difficult concept for us to describe.  There are so many cases on the concept and in many, even judges don't agree. As a simple example, court's have held that 2 participants in a sporting event do not owe each other a duty.   So if a runner is sliding into second base and gets hit in the face when the shortstop is turning a double play, the runner has not case against the shortstop - there is no duty.

In your case, I do not believe that the friend, his sister or the mother owed you a duty to disclose the location of your daughter, even if you ask if they know her location.  Simply stated, they owed you no legal duty of care.  Maybe a moral obligation, but no legal duty.

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