OLR Research Report


November 24, 2008

 

2008-R-0644

CUSTODIAL INTERFERENCE

By: Susan Price, Principal Legislative Analyst

You asked what penalties other states impose for conduct similar to Connecticut's second degree custodial interference law.

SUMMARY

In Connecticut, a person commits custodial interference in the second degree by (1) taking or enticing a child who is a relative and under age 16 from his or her lawful custodian with intent to hold the child permanently or for a protracted period when the actor knows that he or she has no legal right to do so; (2) taking or enticing an incompetent person or someone in the legal custody of someone else or an institution when the actor knows he or she has no right to do so; or (3) holding, keeping, or otherwise refusing to return a child under age 16 to the child's legal custodian upon request, when the actor knows that he or she has no legal right to do so. This crime is a class A misdemeanor, punishable by imprisonment for up to one year, a fine of up to $2,000, or both.

We looked at the criminal statutes in all states and the District of Columbia and found five others (Alaska, Hawaii, New York, Oregon, and Washington) that have a second degree form of custodial interference. Table 1 provides citations, criminal classifications, and penalties for Connecticut and these states.

Table 1: Custodial Interference in the Second Degree – Criminal Penalties

State/Statutory Citation

Classification

Penalty

Alaska

Alaska Stat. 11.41.330

Class A misdemeanor

Imprisonment for up to 1 year, a fine of up to $10,000, or both

Connecticut

CGS 53a-98

Class A misdemeanor

Imprisonment for up to 1 year, a fine of up to $2,000, or both

Hawaii

Haw. Rev. Stat. 707-727

Misdemeanor if committed in state

Class C felony if child taken out of state

Imprisonment for up to 1 year, a fine of up to $2,000, or both

Imprisonment for up to 5 years, a fine of up to $10,000, or both for class C felony

New York

N.Y. Penal Law 135.45

Class A misdemeanor

Imprisonment for up to 1 year, a fine of up to $1,000, or both

Oregon

Or. Rev. Stat. Ann. 163.245

Class C felony

Imprisonment for up to 5 years, a fine of up to $125,000, or both

Washington

Wash. Rev. Code 9A.40.060

Gross misdemeanor if first offense

Class C felony for repeat offenders

Imprisonment for up to 1 year, a fine of up to $5,000, or both

Imprisonment for up to 5 years, a fine of up to $10,000, or both

SP:ts