ARTICLE IX. - OFFENSES REGARDING CUSTODIAL RIGHTS AND PERSONAL LIBERTY
Part of the Code of Ordinances of Minersville, UT.
The text
Sec. 14-227. - Custodial interference.#
(a)
The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Child means an individual under 18 years old.
Custody means court-ordered physical custody entered by a court of competent jurisdiction.
Visitation means court-ordered parent-time or visitation entered by a court of competent jurisdiction.
Terms defined in U.C.A. 1953, § 76-1-101.5 apply to this section.
(b)
An actor who is entitled to custody of a child commits custodial interference if, during a period of time when another individual is entitled to visitation of the child, the actor takes, entices, conceals, detains, or withholds the child from the individual entitled to visitation of the child, with the intent to interfere with the visitation of the child.
(c)
An actor who is entitled to visitation of a child commits custodial interference if, during a period of time when the individual is not entitled to visitation of the child, the actor takes, entices, conceals, detains, or withholds the child from an individual who is entitled to custody of the child, with the intent to interfere with the custody of the child.
(d)
A violation of subsection (b) or (c) of this section is a Class B misdemeanor.
(e)
Notwithstanding subsection (d) of this section, a violation of subsection (b) or (c) of this section is a Class A misdemeanor if the actor:
(1)
Commits custodial interference; and
(2)
Has been convicted of custodial interference at least twice in the two-year period immediately preceding the day on which the commission of custodial interference described in subsection (e)(1) of this section occurs.
(f)
Notwithstanding subsection (d) or (e) of this section, a violation of subsection (b) or (c) of this section is a felony of the third degree if, during the course of the custodial interference, the actor removes, causes the removal, or directs the removal of the child from the state.
(g)
In addition to the affirmative defenses described in U.C.A. 1953, § 76-5-305, it is an affirmative defense to the crime of custodial interference that:
(1)
The action is consented to by the individual whose custody or visitation of the child was interfered with; or
(2)
a.
The action is based on a reasonable belief that the action is necessary to protect a child from abuse, including sexual abuse; and
b.
before engaging in the action, the actor reports the actor's intention to engage in the action, and the basis for the belief described in subsection (g)(2)a of this section, to the division of child and family services or law enforcement.
(Code 1981, § 13-533)
State Law reference— Similar provisions, U.C.A. 1953, § 76-5-303.
Sec. 14-228. - Unlawful detention.#
(a)
The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Acting against the will of an individual includes acting without the consent of the legal guardian, caretaker, or custodian of an individual who is: (1)
A dependent adult; or
(2)
A minor who is 14 or 15 years of age.
Dependent adult means the same as that term is defined in U.C.A. 1953, § 76-5-111.
Terms defined in U.C.A. 1953, § 76-1-101.5 apply to this section.
(b)
An actor commits unlawful detention if the actor intentionally or knowingly, without authority of law, and against the will of an individual, detains or restrains the individual.
(c)
An actor commits unlawful detention of a minor if the actor is at least four or more years older than the minor, and intentionally or knowingly, without authority of law, and against the will of the minor, coerces or exerts influence over the minor with the intent to cause the minor to remain with the actor for an unreasonable period of time under the circumstances.
(d)
A violation of subsection (b) of this section is a Class B misdemeanor.
(e)
If the conduct of the actor amounts to a violation under one of the following, the actor shall be charged with the violation and not under subsection (b) or (c) of this section:
(1)
Kidnapping, as described in U.C.A. 1953, § 76-5-301; or
(2)
Child kidnapping, as described in U.C.A. 1953, § 76-5-301.1.
(Code 1981, § 13-534)
State Law reference— Similar provisions, U.C.A. 1953, § 76-5-304.