Montana Statutes
§ 45-5-304 — Custodial Interference
45-5-304 . Custodial interference.
(1)A person commits the offense of custodial interference if, knowing that the person has no legal right to do so, the person takes, entices, or withholds from lawful custody any child, incompetent person, or other person entrusted by authority of law to the custody of another person or institution.
(2)A person convicted of the offense of custodial interference shall be imprisoned in the state prison for any term not to exceed 10 years or be fined an amount not to exceed $50,000, or both.
(3)With respect to the first alleged commission of the offense only, a person who has not left the state does not commit an offense under this section if the person voluntarily returns the child, incompetent person, or other person to lawful custody before arraignment
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Legislative History
En. 94-5-305 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-5-305 ; amd. Sec. 1, Ch. 274, L. 1979; amd. Sec. 7, Ch. 198, L. 1981; amd. Sec. 1, Ch. 518, L. 1987; amd. Sec. 4, Ch. 467, L. 1995; amd. Sec. 34, Ch. 343, L. 1997.
Nearby Sections
15
§ 45-5-101
Repealed§ 45-5-102
Deliberate Homicide§ 45-5-103
Mitigated Deliberate Homicide§ 45-5-104
Negligent Homicide§ 45-5-105
Aiding Or Soliciting Suicide§ 45-5-106
Vehicular Homicide While Under Influence§ 45-5-108
Through 45-5-110 Reserved§ 45-5-112
Inference Of Mental State§ 45-5-113
Through 45-5-115 Reserved§ 45-5-116
Harm To Fetus Of Another -- Exceptions§ 45-5-201
Assault§ 45-5-202
Aggravated Assault§ 45-5-203
Intimidation