BLAIR LEE III, Acting Governor                            1583

A CHILD LESS THAN 12 YEARS OF AGE AT THE TIME AND PLACE OF

AN ACT TO WHICH ANY PROVISION OF THIS SECTION IS, OR MAY BE
ALLEGED TO BE, APPLICABLE. THE TERM SHALL INCLUDE ANY
PERSON SO AUTHORIZED:

(1) BY AN ORDER OF A COURT OF COMPETENT

JURISDICTION OF THIS STATE.

(2)    BY AN ORDER OF A COURT OF COMPETENT
JURISDICTION OF ANOTHER STATE, TERRITORY, OR THE DISTRICT OF

COLUMBIA. HOWEVER, WHEN THERE HAS BEEN A DESIGNATION OF A

LAWFUL CUSTODIAN BY AN ORDER OF A COURT OF THIS STATE AND

THERE APPEARS TO BE A CONFLICT BETWEEN THAT ORDER AND A

CUSTODY ORDER ISSUED BY__THE COURT OF ANOTHER STATE OR

JURISDICTION__QUALIFYING SOME OTHER PERSON AS THE CUSTODIAN

OF THE CHILD, THE "LAWFUL CUSTODIAN" IS THE PERSON APPOINTED
BY ORDER OF A COURT OF THIS STATE UNLESS THE ORDER OF THE
OTHER STATE OR JURISDICTION:

(I) IS LATER IN DATE THAN THE ORDER OF A
COURT OF THIS STATE; AND

(II) WAS ISSUED IN PROCEEDINGS IN WHICH

THE PERSON___APPOINTED BY A CUSTODY ORDER OF A COURT OF THIS

STATE EITHER CONSENTED TO THE CUSTODY ORDER ENTERED BY THE
COURT OF THE OTHER STATE OR JURISDICTION, OR PARTICIPATED
THEREIN PERSONALLY AS A PARTY OR WITNESS.

(B)    AS USED IN THIS SECTION, "RELATIVE" MEANS A

PARENT, OTHER ANCESTOR, BROTHER, SISTER, UNCLE, OR AUNT, OR
ONE WHO HAS AT SOME PRIOR TIME BEEN A LAWFUL CUSTODIAN.

(C)    A RELATIVE, WHO IS AWARE THAT ANOTHER PERSON IS A
LAWFUL CUSTODIAN OF A CHILD, MAY NOT:

(1) ABDUCT, TAKE, OR CARRY AWAY A CHILD UNDER
12 YEARS OF AGE FROM THE LAWFUL CUSTODIAN:

(2) DETAIN A CHILD UNDER 12 YEARS OF AGE AWAY

FROM THE LAWFUL CUSTODIAN FOR MORE THAN 48 HOURS AFTER

RETURN IS DEMANDED BY THE LAWFUL CUSTODIAN:

(3)    HARBOR OR SECRETE A CHILD UNDER 12 YEARS OF
AGE KNOWING THAT THE PHYSICAL CUSTODY OF THE CHILD HAS BEEN
OBTAINED OR RETAINED IN VIOLATION OF THIS SECTION; OR

(4) ACT AS AN ACCESSORY TO ANY OF THE ACTIONS
FORBIDDEN IN THIS SECTION.

(D) A PERSON CONVICTED OF VIOLATING ANY PROVISION OF

THIS SECTION IS GUILTY OF A MISDEMEANOR; AND UPON

CONVICTION, SHALL BE IMPRISONED FOR A PERIOD NOT EXCEEDING
30 DAYS, OR FINED A SUM NOT EXCEEDING $250, OR BOTH.

(E) IF__ THE COURT DETERMINES THAT THE ABDUCTING,

DETAINING, OR SECRETING OF A CHILD BY A RELATIVE WAS DONE AT

A TIME OR TIMES WHEN TO DO OTHERWISE WOULD HAVE RESULTED IN

A CLEAR AND PRESENT DANGER TO THE HEALTH, SAFETY, OR WELFARE