(6)2.4.4 Child Abduction

A person is guilty of Child Abduction under this subsection if he or she willfully:

(a) takes, entices, detains, conceals, or removes a person under the age of eighteen years; and

(b) does so without lawful authority or consent of the child’s parent, legal guardian, or lawful custodian; and

(c) with intent to:

• substantially interfere with the lawful custody, care, supervision, or control of the child; or
• conceal the child from a parent, guardian, custodian, or law enforcement; or
• deprive a parent, guardian, or custodian of lawful access to the child for a non-trivial period of time.

(d) It is not a defense that the child voluntarily accompanied the offender, consented to the conduct, or did not resist, provided the child was under the age of eighteen.

(e) This subsection shall not apply to:

• a parent, guardian, or lawful custodian acting pursuant to a valid court order or lawful custody arrangement;
• conduct undertaken in good faith to protect the child from imminent harm, abuse, or neglect, where the actor promptly contacts law enforcement or child protective services; or
• lawful actions taken by law enforcement, courts, or child welfare agencies acting within their authority.

(f) Child Abduction under this subsection does not require proof of force, threat, injury, ransom, or movement beyond a single location, and is distinct from kidnapping or unlawful imprisonment offenses.

Child Abduction is a Class B- Felony.