§ 6-2-204 — Interference with custody; presumption of knowledge of child's age; affirmative defenses; penalties

(a) A person is guilty of interference with custody if,
having no privilege to do so, he knowingly:
(i) Takes or entices a minor from the custody of the
minor's parent, guardian or other lawful custodian; or
(ii) Fails or refuses to return a minor to the person
entitled to custody.
(b) Proof that the child was under the age of majority
gives rise to an inference that the person knew the child's age.
(c) It is an affirmative defense to a prosecution under
this section that:
(i) The action was necessary to preserve the child
from an immediate danger to his welfare; or
(ii) The child was not less than fourteen (14) years
old and the child was taken away or was not returned:
(A) At his own instigation; and
(B) Without intent to commit a criminal offense
with or against the child.
(d) Interference with custody is a felony punishable by
imprisonment for not more than five (5) years if:
(i) The defendant is not a parent or person in
equivalent relation to the child; or
(ii) The defendant knowingly conceals and harbors the
child or refuses to reveal the location of the child to the
parent, guardian or lawful custodian.
(e) Interference with custody which is not punishable
under subsection (d) of this section is a felony punishable by
imprisonment for not more than two (2) years.