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Missing Person: What the Law Says About Disappearances
Definition & Meaning
A missing person is defined as an individual who is 18 years old or older and whose disappearance is suspected to be involuntary, or a child whose location is unknown to their legal guardian. The circumstances surrounding the absence may indicate that:
The child did not leave the care of their guardian voluntarily, and their removal was not legally authorized.
The child left voluntarily without the guardian's consent and without the intention to return.
Table of content
Legal Use & context
The term "missing person" is commonly used in various legal contexts, including criminal law, family law, and civil law. Law enforcement agencies are responsible for investigating reports of missing persons and coordinating with federal agencies, such as the National Crime Information Center (NCIC), to track and manage these cases. Individuals can file a Missing Person Report with local law enforcement, especially in cases involving children.
Users can benefit from legal templates available through US Legal Forms to assist in filing reports or navigating the legal processes associated with missing persons.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A 16-year-old girl leaves home without informing her parents and does not return. Her parents file a Missing Person Report with the local police, who initiate an investigation.
Example 2: A 30-year-old man goes missing under suspicious circumstances after last being seen at a bar. His family reports him missing, prompting law enforcement to coordinate with federal agencies.
State-by-state differences
Examples of state differences (not exhaustive):
State
Missing Person Reporting Timeframe
Amber Alert Criteria
California
No waiting period for children
Child under 18, believed to be in danger
New York
No waiting period for children
Child under 21, credible threat of harm
Texas
24-hour waiting period for adults
Child under 18, immediate danger
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Missing Person
An individual whose location is unknown.
Can involve voluntary or involuntary absence.
Abducted Person
An individual taken against their will.
Specifically involves unlawful removal.
Runaway
A minor who leaves home without permission.
Typically voluntary departure.
Common misunderstandings
What to do if this term applies to you
If you believe someone is missing, follow these steps:
Contact your local law enforcement agency immediately to file a Missing Person Report.
Provide as much information as possible about the individual, including physical description and last known whereabouts.
If the missing person is a child, ask about the Amber Alert process.
Consider using US Legal Forms for templates and resources to assist in the process. If the situation is complex, seeking professional legal assistance may be necessary.
Find the legal form that fits your case
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