ROANOKE, Va. – Commonwealth Attorney Bobby Lilly knew while standing in the courtroom one day that something would have to change regarding a specific law.
Lilly was the prosecutor in the case against Nancy Fridley, a woman who was convicted of abducting a child from a Giles County church in 2021.
During the case, Lilly found a flaw in the Virginia Code.
“It was actually a gap in the law that no one had noticed fortunately because these facts are so rare,” Lilly said.
Under the current Virginia Code, a stranger who is convicted of abducting a child falls under a Class 5 felony. Meaning, the maximum prison sentence for the individual would be 10 years unless the judge see special circumstances.
Looking back on the time of the incident, Chief Deputy Scott Moye says it was shocking to know other less severe crimes carried more of a punishment.
“It was appalling to us at the time that this carried less of a sentence than stealing a car,” Moye said. “We knew from the jump there was work to be done even after the conviction came.”
Moye remembers the day when the child was found and returned home safely.
“There was a lot of emotion. You saw grown men that are some of the toughest folks you think you’d ever meet, they were brought to tears,” Moye said.
Delegate Jason Ballard who represents the Giles County area knew something needed to change. During this legislative session, Ballard filed HB 1892.
The bill text reads: “Abduction of a minor shall be punished as a Class 2 felony. Abduction for which no punishment is otherwise prescribed shall be punished as a Class 5 felony.”
Class 2 felonies have much more severe punishments include a minimum sentence of 20 years in prison.
“The punishment under the new law does give the court the appropriate range,” Lilly said. “They can go a little bit lighter in cases where it’s appropriate, they can go heavier in cases where it’s appropriate.”
The bill passed overwhelmingly in both chambers and now heads to the governor’s desk to be signed.
“I am incredibly grateful that my colleagues in the House and Senate voted to pass Noah’s Law. This legislation is a win for children and families across Virginia,” Ballard said in a statement given to 10 News. “We will not tolerate any attempt to harm our children.”
Looking back on the case and what it took to get to this moment, Bobby Lilly says everyone involved in the push for change is excited to see something done.
“They are so thrilled that we now have something good that’s come out of it that actually helps change this tragedy to triumph and that’s what this new law will do,” Lilly said.
There is no word on when Governor Youngkin will sign the bill.