Question
Law, Business Law I - Are these two answers correct or is there a better way to explain? Larry, an adult male resident of Florida,
Law, Business Law I - Are these two answers correct or is there a better way to explain?
Larry, an adult male resident of Florida, has fallen in love with 12-year-old Sally who lives down the street from him.One day he sees her walking home from school and offers to drive her home.She accepts and he takes her to another house he owns in Tennessee.He locks her in a room and leaves to get some food. When he returns to the house, police are there waiting for him, fortunately before any other harm is done to Sally. The State of Florida charges Larry with kidnapping.Unfortunately, the prosecutor failed to do a good job and the Jury finds Larry not guilty.
1) Now the Federal government wants to try again to get a conviction.Can they now bring federal kidnapping charges against Larry?Why or why not?Explain your answer.
Yes as long as it can be classified as a different crime because of crossing state lines. The Federal government can bring federal kidnapping charges against Larry because he crossed state lines from Florida to Tennessee.Sally, age 12, does not have the ability to consent and also thought he was taking her home.
2) Could Tennessee bring criminal kidnapping charges against Larry? Why or why not? Explain your answer.
No, because Larry was already tried for kidnapping in Florida and was not proven guilty.It would cross the lines of double jeopardy if he was tried again on the same charges.
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