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PL 135.50 Custodial interference 1st degree |
Class E felony |
Link to CJI2d |
§ 135.50 Custodial interference in the first degree.
A person is guilty of custodial interference in the first
degree when he commits the crime of custodial interference in the
second degree:
1. With intent to permanently remove the victim from this
state, he removes such person from the state; or
2. Under circumstances which expose the victim to a risk that
his safety will be endangered or his health materially impaired.
It shall be an affirmative defense to a prosecution under
subdivision one of this section that the victim had been
abandoned or that the taking was necessary in an emergency to
protect the victim because he has been subjected to or threatened
with mistreatment or abuse.
Custodial interference in the first degree is a class E
felony.
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| Subdivision | Elements | Lesser included offenses |
| PL 135.50(1)-I |
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relative of child less than 16 yrs old
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intent to hold child for protracted period
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knowing he has no legal right
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takes or entices child from lawful custodian
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intent to permanently remove from state
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removes victim from state
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LIO
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| PL 135.50(1)-II |
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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
-
exposes victim to risk to safety or health
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LIO
|
| PL 135.50(2)-I |
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knowing he has no legal right
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takes or entices incompetent person from lawful custodian
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intent to permanently remove from state
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removes victim from state
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LIO
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| PL 135.50(2)-II |
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knowing he has no legal right
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takes or entices incompetent person from lawful custodian
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exposes victim to risk to safety or health
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LIO
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