November 24, 2008 |
2008-R-0644 | |
CUSTODIAL INTERFERENCE | ||
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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