Section 565.115

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 565

Effective - 17 Jun 2004, 2 histories, see footnote   (history) 

  *565.115.  Until December 31, 2016 — Child kidnapping — penalty. — 1.  A person commits the crime of child kidnapping if such person is not a relative of the child within the third degree and such person:

  (1)  Unlawfully removes a child under the age of fourteen without the consent of such child's parent or guardian from the place where such child is found; or

  (2)  Unlawfully confines a child under the age of fourteen without the consent of such child's parent or guardian.

  2.  In determining whether the child was removed or confined unlawfully, it is an affirmative defense that the person reasonably believed that the person's actions were necessary to preserve the child from danger to his or her welfare.

  3.  Child kidnapping is a class A felony.

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(L. 2004 H.B. 1487)

Effective 6-17-04

*This section was amended by S.B. 491, 2014, effective 1-01-17.  Due to the delayed effective date, both versions of this section are printed here.