The Issue Our family recently experienced a waking nightmare when our 12-year-old daughter was taken across two state lines by a 16-year-old. For four agonizing days, she was missing. Although the individual can be charged with a sexual crime, there are no legal ramifications for him luring her from our home and carrying her across state lines. This cannot be allowed to continue to happen. The law must be changed.  But, unfortunately, it is all up to the local law enforcement in each county to make the decision to charge a person with kidnapping. This shouldn’t be up to someone’s opinion or judgement all on the situation. This “choice” should be taken out of law enforcement’s hands.  Emily’s Law will allow parents to press charges on a juvenile, 16-17 year olds, once they cross state lines with their child without parental consent. This law will take the choice of filing charges, or not, away from law enforcement.  The reason 16 and 17-year-olds should be held accountable for transporting children 13 and under across state lines is simple: there is a huge difference in the rights of a 16-17 year old, than a child 13 and under. South Carolina, itself, has multiple statutes for juveniles and/or adults over the age of 16. Here are a few. Age of consent S.C. Code Ann. § 16-3-655 16 years old. SECTION 16-15-340.Luring a child; penalties. (A) As used in this section, "child" means a person under sixteen years of age. SECTION 16-15-342. Criminal solicitation of a minor; defenses; penalties. In the code of laws for South Carolina; 1) Consent IS a defense to a prosecution if he/she is at least sixteen years old. 2) It also says Consent is NOT a defense to a prosecution if he/she is under the age of sixteen. In the South Carolina Child Labor Regulations. Minors ages 16 and older are exempt from the hour and scheduling restrictions. These minors may work as many daily and weekly hours as the job responsibilities require or the employer requests. Minors ages 12 and 13 may work during non-school sessions in non-hazardous farm jobs with WRITTEN PARENTAL CONSENT. 20-1-100.  Minimum age for valid marriage. Any person UNDER the age of sixteen is not capable of entering into a valid marriage, and all marriages hereinafter entered into by such persons are void ab initio. A common-law marriage hereinafter entered into by a person under the age of sixteen is void ab initio. you must be 18 to get married. Minors who are 16 or 17 can get married with parental consent. S.C. Code Ann. § 63-5-340 provides that any minor age 16 years or older may consent for any health service other than operations. What this proves is that a 16 or 17-year-old is in a different category from a child. Not yet an adult but definitely not the same as a 6 or 12-year-old.  I don’t want any family to go through what we did. To feel completely helpless.  Minors (ages 16-17) who are transporting Children 13 and under over state lines without parental consent are not being held accountable.  According to the laws of South Carolina, whoever shall unlawfully seize, confine, inveigle, decoy, kidnap, abduct or carry away any other person by any means whatsoever without authority of law, except when a minor is seized or taken by his parent, is guilty of a felony. In the context of kidnapping, "decoy" means to lure or attract someone using fraud, trickery, or temptation, without using force. In South Carolina, a minor (ages 16-17) years old can legally take a willing (decoy) 12-year-old across state lines without ramifications. The law must be changed. This cannot continue to happen. This crime not only emotionally traumatizes the victim, but their families. It also exposes the minors to greater danger. Yet, current laws at this time insufficiently protect the victim. This gap in legislation leaves countless families susceptible and countless children vulnerable. When state borders are crossed, the search and rescue operations become more complicated and the chances of recovery, unfortunately, decrease. Are you aware of the alarming statistics of child abduction? According to the National Center for Missing & Exploited Children, approximately 800,000 children are reported missing each year in the United States, that’s roughly 2,000 per day. We plead for the enactment of specific laws that criminalize the unauthorized crossing of state lines with children aged 13 and younger. Unless we make this change, our legal system inadvertently becomes an ally of those who harm our children. This is a dangerous loophole that needs immediate attention. Help us safeguard our children. Sign this petition today and ensure that juveniles (16-17) years old, who take children across state lines, without parental permission face the consequences of their actions. We are starting with the state South Carolina where all this took place. Once we get it passed here we will work on getting it nationwide.  EMILY’S LAW