1582

LAWS OF MARYLAND

Ch. 435

(A) ANY PERSON, NOT HAVING A RIGHT OF CUSTODY, WHO

TAKES, OR DETAINS OR CONCEALS ANY MINOR CHILD WITH INTENT TO

WILFULLY TAKE, DETAIN OR CONCEAL THAT CHILD FROM A PARENT,

GUARDIAN, OR OTHER PERSON HAVING THE LAWFUL CHARGE OF THE

CHILD SHALL BE SUBJECT TO IMPRISONMENT FOR A PERIOD NOT TO

EXCEED ONE YEAR, A FINE OF NOT MORE THAN $1,000, OR BOTH.

(B) EVERY PERSON WHO IN VIOLATION OF A CUSTODY DECREE

TAKES, RETAINS AFTER THE EXPIRATION OF A VISITATION PERIOD,

OR CONCEALS THE CHILD FROM HIS LEGAL CUSTODIAN, AND EVERY

PERSON WHO HAS CUSTODY OF A CHILD PURSUANT TO AN ORDER,

JUDGMENT OR DECREE OF ANY COURT WHICH GRANTS ANOTHER PERSON

RIGHTS TO CUSTODY OR VISITATION OF SUCH CHILD, AND WHO

DETAINS OR CONCEALS THE CHILD WITH THE INTENT TO DEPRIVE THE

OTHER PERSON OF THEIR RIGHT TO CUSTODY OR VISITATION SHALL

BE SUBJECT TO IMPRISONMENT FOR A PERIOD NOT TO EXCEED ONE

YEAR, A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS ($1,000),

OR BOTH.

(C) A CHILD WHO HAS BEEN TAKEN OR DETAINED IN

VIOLATION OF THIS SECTION SHALL BE RETURNED TO THE PERSON

HAVING LAWFUL CHARGE OF THE CHILD. ANY EXPENSES INCURRED IN

RETURNING THE CHILD SHALL BE ASSESSED AGAINST ANY PERSON

CONVICTED OF TAKING THAT CHILD.

SECTION 3. AND BE IT FURTHER ENACTED, That this Act

shall take effect July 1, 1978.

FOR the purpose of prohibiting a relative, including a

parent, from abducting, detaining, or secreting a child

under a certain age from its lawful custodian;

providing a definition and certain criteria to

determine who is the "lawful custodian"; prohibiting a
person from being an accessory to these acts; providing

for a defense; and specifying certain penalties for

violating this Act.

BY adding to

Article 27 — Crimes and Punishments

Section 2A

Annotated Code of Maryland

(1976 Replacement Volume and 1977 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF

MARYLAND, That section(s)__of the Annotated Code of Maryland

be repealed, amended, or enacted to read as follows:

Article 27 - Crimes and Punishments

2A.

(A) AS USED IN THIS SECTION, "LAWFUL CUSTODIAN" MEANS
A PERSON AUTHORIZED, EITHER ALONE OR TOGETHER WITH ANOTHER
PERSON OR PERSONS, TO HAVE CUSTODY AND EXERCISE CONTROL OVER