PL 135.45 Custodial interference 2d degree Class A misdemeanor Link to CJI2d
Sec. 135.45  Custodial interference in the second degree.
    A  person  is  guilty of custodial interference in the second
degree when:
    1.   Being a relative of a child less than sixteen years old,
intending to hold such child  permanently  or  for  a  protracted
period, and knowing that he has no legal right to do so, he takes
or entices such child from his lawful custodian; or
    2.   Knowing that he has no legal right to do so, he takes or
entices from lawful  custody  any  incompetent  person  or  other
person  entrusted  by  authority of law to the custody of another
person or institution.
    Custodial  interference  in  the  second  degree is a class A
misdemeanor.
.
Subdivision Elements Lesser included offenses
PL 135.45(1)
  • relative of child less than 16 yrs old
  • intent to hold child for protracted period
  • knowing he has no legal right
  • takes or entices child from lawful custodian

LIO

PL 135.45(2)
  • knowing he has no legal right
  • takes or entices incompetent person from lawful custodian

LIO

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