Under which condition does one not commit a crime of second degree kidnapping?

The correct understanding of the circumstances under which one does not commit second-degree kidnapping is linked to the relationship to the abducted person. In many jurisdictions, being a relative of the abducted individual can serve as a significant factor. This is primarily because many laws recognize that family members might have legal rights or justifiable reasons to take or maintain custody over a person, especially minors.

The legal premise usually involves considerations of custody rights and the nature of the relationship; for example, if a parent takes their child without legal permission but with parental intentions, this scenario might not fit the criminal definition of second-degree kidnapping.

In contrast, the other conditions listed do not absolve someone from the crime in the same way. For instance, claiming a lack of intent to abduct or suggesting that the act was not forcible might still lead to an accusation of kidnapping if the surrounding circumstances meet the criteria of unlawful restraint or confinement. Additionally, an admission to the crime typically signifies acknowledgment of the act, which could directly correlate with the commission of the offense. Therefore, the idea that being a relative presents a unique legal position showcases why this condition could lead to a lack of criminal liability for second-degree kidnapping.