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Legal Statutes: California

UPDATED April 11, 2017

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Chapter 4. Child Abduction

back to top278.5. Deprivation of custody of child or right to visitation; punishment

(a) Every person who takes, entices away, keeps, withholds, or conceals a child and maliciously deprives a lawful custodian of a right to custody, or a person of a right to visitation, shall be punished by imprisonment in a county jail not exceeding one year, a fine not exceeding one thousand dollars ($1,000), or both that fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years, a fine not exceeding ten thousand dollars ($10,000), or both that fine and imprisonment.

(b) Nothing contained in this section limits the court's contempt power.

(c) A custody order obtained after the taking, enticing away, keeping, withholding, or concealing of a child does not constitute a defense to a crime charged under this section.
(Added by Stats.1996, c. 988 (A.B.2936), § 9. Amended by Stats.2011, c. 15 (A.B.109), § 314, eff. April 4, 2011, operative Oct. 1, 2011.)