76-5-303. Custodial interference.
(1) A person, whether a parent or other, is guilty of custodial interference if, without good
cause, the actor takes, entices, conceals, or detains a child under the age of 16 from its parent,
guardian, or other lawful custodian:
(a) knowing the actor has no legal right to do so; and
(b) with intent to hold the child for a period substantially longer than the parent-time or
custody period previously awarded by a court of competent jurisdiction.
(2) A person, whether a parent or other, is guilty of custodial interference if, having
actual physical custody of a child under the age of 16 pursuant to a judicial award of any court of
competent jurisdiction which grants to another person parent-time, visitation, or custody rights,
and without good cause the actor conceals or detains the child with intent to deprive the other
person of lawful parent-time, visitation, or custody rights.
(3) Custodial interference is a class A misdemeanor unless the child is removed and taken
from one state to another, in which case it is a felony of the third degree.
Amended by Chapter 255, 2001 General Session
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Last revised: Wednesday, July 23, 2008