Interference with custody
Sec. 4. (a) A person who knowingly or intentionally:
(1) removes another person who is less than eighteen (18) years
of age to a place outside Indiana when the removal violates a
child custody order of a court; or
(2) removes another person who is less than eighteen (18) years
of age to a place outside Indiana and violates a child custody
order of a court by failing to return the other person to Indiana;
commits interference with custody, a Class D felony. However, the
offense is a Class C felony if the other person is less than fourteen
(14) years of age and is not the person's child, and a Class B felony
if the offense is committed while armed with a deadly weapon or
results in serious bodily injury to another person.
(b) A person who with the intent to deprive another person of
custody or parenting time rights:
(1) knowingly or intentionally takes and conceals; or
(2) knowingly or intentionally detains and conceals;
a person who is less than eighteen (18) years of age commits
interference with custody, a Class C misdemeanor. However, the
offense is a Class B misdemeanor if the taking and concealment, or
the detention and concealment, is in violation of a court order.
(c) With respect to a violation of this section, a court may
consider as a mitigating circumstance the accused person's return of
the other person in accordance with the child custody order within
seven (7) days after the removal.
(d) The offenses described in this section continue as long as the
child is concealed or detained, or both.
(e) If a person is convicted of an offense under this section, a
court may impose against the defendant reasonable costs incurred by
a parent or guardian of the child because of the taking, detention, or
concealment of the child.
As added by P.L.49-1989, SEC.22. Amended by P.L.162-1990,
SEC.1; P.L.68-2005, SEC.60.
Last modified: May 24, 2006