§ 633:4 — Interference With Custody

I. A person is guilty of a class B felony if such person knowingly takes from this state or entices away from this state any child under the age of 18, or causes any such child to be taken from this state or enticed away from this state, with the intent to detain or conceal such child from:
(a) A parent, guardian or other person having lawful parental rights and responsibilities as described in RSA 461-A; or
(b) An agency that has protective supervision or legal custody of the child under RSA 169-C or guardianship of the child under RSA 463.
II. A person is guilty of a misdemeanor if such person knowingly takes, entices away, detains or conceals any child under the age of 18, or causes any such child to be taken, enticed away, detained or concealed, with the intent to detain or conceal such child from:
(a) A parent, guardian or other person having lawful parental rights and responsibilities as described in RSA 461-A; or
(b) An agency that has protective supervision or legal custody of the child under RSA 169-C or guardianship of the child under RSA 463.
III. It shall be an affirmative defense to a charge under paragraph I or II that the person so charged was acting in good faith to protect the child from real and imminent physical danger. Evidence of good faith shall include but shall not be limited to the filing of a nonfrivolous petition documenting such danger and seeking to modify the custody decree in a court of competent jurisdiction within this state. Such petition must be filed within 72 hours of termination of visitation rights.
IV. The affirmative defense set forth in paragraph III shall not be available if the person charged with the offense has left this state with the child.

Legislative History

1983, 390:1. 1998, 292:2. 2005, 273:16. 2014, 95:1, eff. Jan. 1, 2015.