California Statutes
§ 278.5. — 278.5. (Amended by Stats. 2011, Ch. 15, Sec. 314.)
California·Code PEN Penal Code - PEN·Title 9.·Part 1. TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS·Ch. 4. CHAPTER 4. Child Abduction
(a)Every person who takes, entices away, keeps, withholds, or conceals a child and maliciously deprives a lawful custodian of a right to custody, or a person of a right to visitation, shall be punished by imprisonment in a county jail not exceeding one year, a fine not exceeding one thousand dollars ($1,000), or both that fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years, a fine not exceeding ten thousand dollars ($10,000), or both that fine and imprisonment.
(b)Nothing contained in this section limits the court’s contempt power.
(c)A custody
order obtained after the taking, enticing away, keeping, withholding, or concealing of a child does not constitute a defense to a crime charged under this section.
Free access — add to your briefcase to read the full text and ask questions with AI
California § 278.5. (278.5. (Amended by Stats. 2011, Ch. 15, Sec. 314.)) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Elaine Brittain v. William Hansen Rebecca Scott County of San Bernardino, and Brian Campbell, C0191
451 F.3d 982 (Ninth Circuit, 2006)
Morales-Garcia v. Holder
567 F.3d 1058 (Ninth Circuit, 2009)
United States v. James Lonczak
993 F.2d 180 (Ninth Circuit, 1993)
Risk v. Halvorsen
936 F.2d 393 (Ninth Circuit, 1991)
People v. Moses
43 Cal. App. 4th 462 (California Court of Appeal, 1996)
Risk v. Kingdom of Norway
707 F. Supp. 1159 (N.D. California, 1989)
Emert v. The People of the State of California
(S.D. California, 2024)
Fermin Perez-Sanchez v. Eric Holder, Jr.
512 F. App'x 721 (Ninth Circuit, 2013)
Gray v. County of Los Angeles
103 F. App'x 112 (Ninth Circuit, 2004)
Naranjo-Barrajas v. Holder
356 F. App'x 923 (Ninth Circuit, 2009)
De Tagle v. Santa Clara County, San Jose Police Department
(N.D. California, 2025)
United States v. Jorge Garcia-Navarro
468 F. App'x 722 (Ninth Circuit, 2012)
Brittain v. Campbell
(Ninth Circuit, 2006)
Olagues v. Kousharian
177 F. App'x 537 (Ninth Circuit, 2006)
Legislative History
Amended by Stats. 2011, Ch. 15, Sec. 314. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.