H.B. 358

1

CUSTODIAL INTERFERENCE AMENDMENTS
2 2008 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Carl Wimmer
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill amends Utah Criminal Code provisions relating to the crime of custodial
10 interference.
11 Highlighted Provisions:
12 This bill:
13 . defines the term "custody";
14 . enacts a modified version of the crime of custodial interference;
15 . retains the penalties imposed for custodial interference under the law that this bill
16 replaces; and
17 . creates affirmative defenses to the crime of custodial interference.
18 Monies Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 REPEALS AND REENACTS:
24 76-5-303, as last amended by Laws of Utah 2001, Chapter 255
25
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 76-5-303 is repealed and reenacted to read:

28 76-5-303. Custodial interference.
29 (1) As used in this section, "custody" means court-ordered custody, parent-time, or
30 visitation, if the order is entered by a court of competent jurisdiction.
31 (2) A person, whether a parent or other, who is entitled to custody of a child under the
32 age of 18, is guilty of custodial interference if the person intentionally or knowingly takes,
33 entices, conceals, detains, or withholds the child from an individual who is entitled to custody
34 of the child, or otherwise intentionally or knowingly interferes with the custody to which that
35 individual is entitled:
36 (a) during a period of time when:
37 (i) the person is not entitled to custody of the child; and
38 (ii) the individual is entitled to custody of the child; and
39 (b) with the intent of depriving the individual of the custody of the child to which the
40 individual is entitled.
41 (3) Custodial interference is a class A misdemeanor, unless the child is removed and
42 taken from the state, in which case custodial interference is a felony of the third degree.
43 (4) It is an affirmative defense to the crime of custodial interference that:
44 (a) the action was necessary to protect the accused or the child from imminent physical
45 harm; or
46 (b) the action was consented to by the individual whose custody of the child was
47 interfered with.




Legislative Review Note
as of 1-29-08 12:33 PM

Office of Legislative Research and General Counsel