3052 LAWS OF MARYLAND Ch. 473
FOR the purpose of altering the elements of the misdemeanor
crime of child abduction; providing for a new felony
crime of child abduction and for penalties for the
felony crime; providing a certain condition precedent
to the issuance of a warrant for the felony crime of
child abduction; and generally relating to child
abduction.
BY repealing and reenacting, with amendments,
Article 27 - Crimes and Punishments
Section 2A
Annotated Code of Maryland
(1976 Replacement Volume and 1981 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That section(s) of the Annotated Code of Maryland
read(s) 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
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.
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