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.
.
Subdivision Elements Lesser included offenses
PL 135.50(1)-I
  • 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
  • intent to permanently remove from state
  • removes victim from state

LIO

PL 135.50(1)-II
  • 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

LIO

PL 135.50(2)-I
  • knowing he has no legal right
  • takes or entices incompetent person from lawful custodian
  • intent to permanently remove from state
  • removes victim from state

LIO

PL 135.50(2)-II
  • knowing he has no legal right
  • takes or entices incompetent person from lawful custodian
  • exposes victim to risk to safety or health

LIO

Pleas
Has defendant previously been subjected to a predicate felony conviction (PL 70.06)? Yes No
Sentences
offense by