In criminal law, kidnapping is the taking away or transportation of a person against that person's will, usually to hold the person in false imprisonment, a confinement without legal authority. This may be done for ransom or in furtherance of another crime, or in connection with a child custody dispute.

In some countries such as the United States a large number of child abductions arise after separation or divorce when one parent wishes to keep a child against the will of the other or against a court order. In these cases, some jurisdictions^[which?] do not consider it kidnapping if the child, being competent, agrees.

In modern usage, kidnapping or abduction of a child is often called child stealing and parental kidnapping, particularly when done not to collect a ransom but rather with the intention of keeping the child permanently (often in a case where the child's parents are divorced or legally separated, whereupon the parent who does not have legal custody will commit the act, also known as "childnapping").

Brian David Mitchell (born October 18, 1953) is a former street preacher convicted in United States Federal District Court in Utah for the Elizabeth Smart kidnapping following six years in psychiatric custody. He was sentenced to life in prison on May 25, 2011.

Brian David Mitchell was born on October 18, 1953, in Salt Lake City, Utah. He was the third of six children born into a strict household of mainstream Mormons. He grew up in a two-income, middle class environment, where his father Shirl Mitchell worked as a social worker and his mother, Irene (née' Sidwell) worked as a teacher [2]. According to family members Brian's paternal grandfather suffered from mental illness and was hospitalized for a time at the Utah State Hospital as a mental patient. Brian's immediate family--his parents and siblings--were described by neighbors as friendly and main stream Mormons but a bit odd; Brian's father Shirl claimed he heard a voice telling him, "You are Christ" when he (Shirl) was seven years old but said he never heard such a voice again. His parents would later divorce [3]. In 1997 Shirl Mitchell published a lengthy tome of his theologically tinged personal philosophy titled Spokesman for the Infant God or Goddess. Brian was considered the black sheep of the Mitchell family during his youth and adult years

Elizabeth Ann Smart Gilmour (born November 3, 1987) is an American activist and contributor for ABC News. She first gained widespread attention at age 14 when she was kidnapped from her home and recovered nine months later.

Smart was abducted from her bedroom on June 5, 2002, at age 14. She was found nine months later on March 12, 2003, in Sandy, Utah, 18 miles from her home, in the company of Brian David Mitchell and Wanda Ileen Barzee. Her abduction and recovery were widely reported and were the subject of a made-for-TV movie and non-fiction book.

On October 1, 2009, Smart testified to being threatened, tied, and raped daily while she was held captive.

On November 16, 2009, Barzee announced she would plead guilty to assisting in the kidnapping of Elizabeth Smart, as part of an agreement with prosecutors. On May 19, 2010, Barzee was sentenced to 15 years in federal prison. As part of a plea deal between the defense and federal prosecutors, federal Judge Dale Kimball gave Barzee credit for seven years that she already has served, the U.S. attorney in Utah said.