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Legal Statutes: Virginia

UPDATED November 17, 2016

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Article 3. Kidnapping and Related Offenses

back to top18.2-49.1. Violation of court order regarding custody and visitation; penalty

A. Any person who knowingly, wrongfully and intentionally withholds a child from either of a child's parents or other legal guardian in a clear and significant violation of a court order respecting the custody or visitation of such child, provided such child is withheld outside of the Commonwealth, is guilty of a Class 6 felony.

B. Any person who knowingly, wrongfully and intentionally engages in conduct that constitutes a clear and significant violation of a court order respecting the custody or visitation of a child is guilty of a Class 3 misdemeanor upon conviction of a first offense. Any person who commits a second violation of this section within 12 months of a first conviction is guilty of a Class 2 misdemeanor, and any person who commits a third violation occurring within 24 months of the first conviction is guilty of a Class 1 misdemeanor.



Acts 1987, c. 704; Acts 1989, c. 486; Acts 1994, c. 575; Acts 2002, c. 576; Acts 2002, c. 596; Acts 2003, c. 261.