§ 12A.06.300 — Custodial interference

12A.06.300 - Custodial interference.

A. A relative of the person is guilty of custodial interference if, with the intent to deny access to such person by a parent, guardian, institution, agency or other person having a lawful right to physical custody of such person, the relative takes, entices, retains, detains or conceals the person from a parent, guardian, institution or an agency or other person having a lawful right to physical custody of such person. B. Any reasonable expenses incurred in locating or returning a child or incompetent person shall be assessed against a defendant convicted under this chapter. C. 1. It is a complete defense to a prosecution under this section if established by the defendant by a preponderance of the evidence, that the defendant's purpose was to protect the child, incompetent person, or himself or herself from imminent physical harm, and the belief of the existence of that imminent physical harm was reasonable. 2. Consent of a child less than sixteen (16) years of age or an incompetent person does not constitute a defense to an action under this act.

(Ord. 111858 § 2, 1984.)