§ 76-5-303 — Custodial interference.

(1) (1)(a) As used in this section:
(1)(a)(i) "Child" means an individual under 18 years old.
(1)(a)(ii) "Custody" means court-ordered physical custody entered by a court of competent jurisdiction.
(1)(a)(iii) "Visitation" means court-ordered parent-time or visitation entered by a court of competent jurisdiction.
(1)(b) Terms defined in Section 76-1-101.5 apply to this section.
(2) (2)(a) An actor who is entitled to custody of a child commits custodial interference if, during a period of time when another individual is entitled to visitation of the child, the actor takes, entices, conceals, detains, or withholds the child from the individual entitled to visitation of the child, with the intent to interfere with the visitation of the child.
(2)(b) An actor who is entitled to visitation of a child commits custodial interference if, during a period of time when the individual is not entitled to visitation of the child, the actor takes, entices, conceals, detains, or withholds the child from an individual who is entitled to custody of the child, with the intent to interfere with the custody of the child.
(3) (3)(a) A violation of Subsection (2) is a class B misdemeanor.
(3)(b) Notwithstanding Subsection (3)(a), a violation of Subsection (2) is a class A misdemeanor if the actor:
(3)(b)(i) commits custodial interference; and
(3)(b)(ii) has been convicted of custodial interference at least twice in the two-year period immediately preceding the day on which the commission of custodial interference described in Subsection (3)(b)(i) occurs.
(3)(c) Notwithstanding Subsection (3)(a) or (b), a violation of Subsection (2) is a felony of the third degree if, during the course of the custodial interference, the actor removes, causes the removal, or directs the removal of the child from the state.
(4) In addition to the affirmative defenses described in Section 76-5-305, it is an affirmative defense to the crime of custodial interference that:

(4)(a) the action is consented to by the individual whose custody or visitation of the child was interfered with; or
(4)(b) (4)(b)(i) the action is based on a reasonable belief that the action is necessary to protect a child from abuse, including sexual abuse; and
(4)(b)(ii) before engaging in the action, the actor reports the actor's intention to engage in the action, and the basis for the belief described in Subsection (4)(b)(i), to the Division of Child and Family Services or law enforcement.

Legislative History

Amended by Chapter 181, 2022 General Session