§ 35-42-3-4 — Interference with custody

Indiana § 35-42-3-4

• Jurisdiction: Indiana
• Art. 42: OFFENSES AGAINST THE PERSON
• Ch. 3: Kidnapping and Confinement

Text

(a) A person who, with the intent to deprive
another person of child custody rights, knowingly or intentionally:
(1) removes another person who is less than eighteen (18) years
of age to a place outside Indiana when the removal violates a
child custody order of a court; or
(2) violates a child custody order of a court by failing to return a
person who is less than eighteen (18) years of age to Indiana;
commits interference with custody, a Level 6 felony. However, the
offense is a Level 5 felony if the other person is less than fourteen (14)
years of age and is not the person's child, and a Level 4 felony if the
offense is committed while armed with a deadly weapon or results in
serious bodily injury to another person.
(b) A person who with the intent to deprive another person of
custody or parenting time rights:
(1) knowingly or intentionally takes;
(2) knowingly or intentionally detains; or
(3) knowingly or intentionally conceals;
a person who is less than eighteen (18) years of age commits
interference with custody, a Class C misdemeanor. However, the
offense is a Class B misdemeanor if the taking, concealment, or
detention is in violation of a court order.
(c) With respect to a violation of this section, a court may consider
as a mitigating circumstance the accused person's return of the other
person in accordance with the child custody order or parenting time
order within seven (7) days after the removal.
(d) The offenses described in this section continue as long as the
child is concealed or detained or both.
(e) If a person is convicted of an offense under this section, a court
may impose against the defendant reasonable costs incurred by a parent
or guardian of the child because of the taking, detention, or
concealment of the child.
(f) It is a defense to a prosecution under this section that the accused
person:
(1) was threatened; or
(2) reasonably believed the child was threatened;
which resulted in the child not being timely returned to the other parent
resulting in a violation of a child custody order.

Legislative History

As added by P.L.49-1989, SEC.22. Amended by P.L.162-1990, SEC.1; P.L.68-2005, SEC.60; P.L.164-2007, SEC.2; P.L.158-2013, SEC.435.