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Interference with custody of children - 18 Pa. Cons. Stat. § 2904

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     § 2904.  Interference with custody of children.
        (a)  Offense defined.--A person commits an offense if he
     knowingly or recklessly takes or entices any child under the age
     of 18 years from the custody of its parent, guardian or other
     lawful custodian, when he has no privilege to do so.
        (b)  Defenses.--It is a defense that:
            (1)  the actor believed that his action was necessary to
        preserve the child from danger to its welfare; or
            (2)  the child, being at the time not less than 14 years
        old, was taken away at its own instigation without enticement
        and without purpose to commit a criminal offense with or
        against the child; or
            (3)  the actor is the child's parent or guardian or other
        lawful custodian and is not acting contrary to an order
        entered by a court of competent jurisdiction.
        (c)  Grading.--The offense is a felony of the third degree
     unless:
            (1)  the actor, not being a parent or person in
        equivalent relation to the child, acted with knowledge that
        his conduct would cause serious alarm for the safety of the
        child, or in reckless disregard of a likelihood of causing
        such alarm. In such cases, the offense shall be a felony of
        the second degree; or
            (2)  the actor acted with good cause for a period of time
        not in excess of 24 hours; and
                (i)  the victim child is the subject of a valid order
            of custody issued by a court of this Commonwealth;
                (ii)  the actor has been given either partial custody
            or visitation rights under said order; and
                (iii)  the actor is a resident of this Commonwealth
            and does not remove the child from the Commonwealth.
        In such cases, the offense shall be a misdemeanor of the
        second degree.
     (July 9, 1984, P.L.661, No.138, eff. imd.)

        1984 Amendment.  Act 138 amended subsec. (c).

Last modified: November 27, 2007