In order to establish the offense of kidnapping, kidnapping must be against the will of the victim. If the victim is of such age or mental state as to be incapable of having a recognizable will, the confinement must then be against the will of the parents or legal guardian of the victim. However, incapacity of the victim must be proved beyond a reasonable doubt, in relation to the very acts in question, before criminal liability may be imposed. The general rule is that child under the age of 14 years is presumed as incapable of consenting. In order to show a will regarding an alleged kidnapping, the child must, at least, understand the concept of kidnapping and its potential relevance to his or her situation.
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