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Session Laws, 1982
Volume 742, Page 3053   View pdf image
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HARRY HUGHES, Governor

3053

(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)  (1) A relative, who is aware that another person
is a lawful custodian of a child, may not:

(1) (I) Abduct, take, or carry away a child
under 12 years of age from the lawful custodian TO ANOTHER
PLACE WITHIN THIS STATE;

(2) (II) Detain a child under 12 years of age

WITHIN THIS STATE away from the lawful custodian for more
than 48 hours after return is demanded by the lawful
custodian;

(3) (III) Harbor or secrete a child under 12
years of age WITHIN THIS STATE knowing that the physical
custody of the child has been obtained or retained in
violation of this section SUBSECTION; or

(4) (IV) Act as an accessory to any of the

actions forbidden in this section SUBSECTION.

(d) (2) A person convicted of violating any provision
of this section is guilty of a [misdemeanor] FELONY and
upon conviction shall be imprisoned for a period not
exceeding [30 days] 2 YEARS, or fined a sum not exceeding
[$250] $1,000, or both. 30 days or fined a sum not exceeding
$250.

(D) (1) A RELATIVE, WHO IS AWARE THAT ANOTHER PERSON
IS A LAWFUL CUSTODIAN OF A CHILD, MAY NOT:

(I) ABDUCT, TAKE, OR CARRY AWAY A CHILD
UNDER 12 YEARS OF AGE FROM THE LAWFUL CUSTODIAN TO A PLACE
OUTSIDE OF THIS STATE;

(II)     DETAIN A CHILD UNDER 12 YEARS OF AGE

OUTSIDE OF THIS STATE     AWAY FROM THE LAWFUL CUSTODIAN FOR

MORE THAN 48 HOURS   AFTER RETURN IS DEMANDED BY THE LAWFUL
CUSTODIAN;

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

(IV) ACT AS AN ACCESSORY TO ANY OF THE
ACTIONS FORBIDDEN IN THIS SUBSECTION.

(2) A PERSON CONVICTED OF VIOLATING ANY

PROVISION OF THIS SUBSECTION IS GUILTY OF A FELONY AND UPON
CONVICTION SHALL BE IMPRISONED FOR A PERIOD NOT EXCEEDING 2
YEARS, OR FINED A SUM NOT EXCEEDING $1,000,, OR BOTH.

 

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Session Laws, 1982
Volume 742, Page 3053   View pdf image
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