Section 11.41.330. Custodial interference in the second degree.

   (a) A person commits the crime of custodial interference in the second degree if
        (1) being a relative of a child under 18 years of age or a relative of an incompetent person and knowing that the person has no legal right to do so, the person takes, entices, or keeps that child or incompetent person from a lawful custodian with intent to hold the child or incompetent person for a protracted period; or
        (2) not being a relative of a child under 18 years of age or a relative of an incompetent person, knowing that the person has no right to do so and with the intent to take or keep the child or incompetent person, the person represents to the lawful custodian that the person has a right to take or keep the child or incompetent person.
   (b) The affirmative defense of necessity under AS 11.81.320 does not apply to a prosecution for custodial interference under (a)(1) of this section if the protracted period for which the person held the child or incompetent person exceeded the shorter of the following:
        (1) 24 hours; or
        (2) the time necessary to report to a peace officer or social service agency that the child or incompetent person has been abused, neglected, or is in imminent physical danger.
   (c) Custodial interference in the second degree is a class A misdemeanor.

Authorities

11.41.320

Notes

References

7 AAC 10.905
AS 11.41.320 Custodial interference in the first degree.

History

(Sec. 3 ch 166 SLA 1978; am Sec. 2 ch 69 SLA 2005; am Sec. 2, 3 ch 83 SLA 2014)