Section 565.160

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 565

Effective - 01 Jan 2017, 2 histories, see footnote   

  565.160.  Defenses to interference with custody, parental kidnapping, and child abduction. — It shall be an absolute defense to the offenses of interference with custody, parental kidnapping, and child abduction that:

  (1)  The person had custody of the child pursuant to a valid court order granting legal custody or visitation rights which existed at the time of the alleged violation, except that this defense is not available to persons charged with child abduction under subdivision (5) of subsection 1 of section 565.156;

  (2)  After expiration of a period of custody or visitation granted by court order, the person failed to return the child as a result of circumstances beyond such person's control, and the person notified or made a reasonable attempt to notify the other parent or legal custodian of the child of such circumstance within twenty-four hours after the expiration of the period of custody or visitation and returned the child as soon as possible; or

  (3)  The person was fleeing an incident or pattern of domestic violence.

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(L. 1988 H.B. 1272, et al. § 4, A.L. 2014 S.B. 491)

Effective 1-01-17