H.B. 276

This document includes House Committee Amendments incorporated into the bill on Tue, Feb 24, 2009 at 11:09 AM by ddonat. --> This document includes House Floor Amendments incorporated into the bill on Mon, Mar 9, 2009 at 10:31 AM by jeyring. --> 1

CUSTODIAL INTERFERENCE AMENDMENTS
2 2009 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Carl Wimmer
5 Senate Sponsor: Margaret Dayton
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 terms;
14 . enacts a modified version of the crime of custodial interference;
15 . provides that custodial interference is:
16 . a felony of the third degree, if, during the course of the custodial interference,
17 the actor removes, causes the removal, or directs the removal of the child from
18 the state;
19 . a class A misdemeanor if the third degree felony provisions described above do
20 not apply and the actor commits custodial interference within three years after
21 the day on which the person was previously convicted of custodial interference;
22 or
23 . a class B misdemeanor if the felony and class A misdemeanor provisions
24 described above do not apply; and
25 . creates an affirmative defense to the crime of custodial interference.
26 Monies Appropriated in this Bill:
27 None

28 Other Special Clauses:
29 None
30 Utah Code Sections Affected:
31 REPEALS AND REENACTS:
32 76-5-303, as last amended by Laws of Utah 2001, Chapter 255
33
34 Be it enacted by the Legislature of the state of Utah:
35 Section 1. Section 76-5-303 is repealed and reenacted to read:
36 76-5-303. Custodial interference.
37 (1) As used in this section:
38 (a) "Child" means a person under the age of 18.
39 (b) "Custody" means court-ordered H. physical .H custody, H. [ parent-time, or
39a visitation, if the order is ] .H
40 entered by a court of competent jurisdiction.
40a H. (c) "Visitation" means court-ordered parent-time or visitation, entered by a court of
40b competent jurisdiction.
41 [ (2) A person, whether a parent or other, is guilty of custodial interference if the person
42 intentionally or knowingly takes, entices, conceals, detains, or withholds a child from an
43 individual who is entitled to custody of the child, or otherwise intentionally H. [or knowingly] .H
44 interferes with the custody to which that individual is entitled, during a period of time when:
45 (a) the person is not entitled to custody of the child; and
46 (b) the individual is entitled to custody of the child. ]
46a (2) (a) A person who is entitled to custody of a child is guilty of custodial interference
46b if, during a period of time when another person is entitled to visitation of the child, the person
46c takes, entices, conceals, detains, or withholds the child from the person entitled to visitation of
46d the child, with the intent to interfere with the visitation of the child.
46e (b) A person who is entitled to visitation of a child is guilty of custodial interference if,
46f during a period of time when the person is not entitled to visitation of the child, the person
46g takes, entices, conceals, detains, or withholds the child from a person who is entitled to custody
46h of the child, with the intent to interfere with the custody of the child. .H
47 (3) (a) Except as provided in Subsection (3)(b) or (c), custodial interference is a class B
48 misdemeanor.
49 (b) Except as provided in Subsection (3)(c), custodial interference is a class A

50 misdemeanor, if the H. [ person ] actor .H described in Subsection (2) commits

50a custodial interference within
51 three years after the day on which the H. [ person ] actor .H was previously convicted of
51a custodial
52 interference.
53 (c) Custodial interference is a felony of the third degree if, during the course of the
54 custodial interference, the H. [ person ] actor .H described in Subsection (2) removes, causes the
54a removal, or
55 directs the removal of the child from the state.
56 (4) In addition to the affirmative defenses described in Section 76-5-305 , it is an
57 affirmative defense to the crime of custodial interference that the action was consented to by
58 the H. [ individual ] person .H whose custody H. or visitation .H of the child was
58a interfered with.

Legislative Review Note
as of 1-27-09 1:52 PM

Office of Legislative Research and General Counsel