13-1310. Abduction of child from a state agency; classification; definition

A. A person commits abduction of a child from a state agency if, knowing or having reason to know that a child is entrusted by authority of law to the custody of a state agency, the person does either of the following:

1. Takes, entices or keeps the child from the lawful custody of the state agency.

2. Intentionally fails or refuses to immediately return or impedes the immediate return of a child to the lawful custody of the state agency, including at the expiration of visitation or access.

B. A violation of subsection A, paragraph 2 of this section is a class 5 felony, except that it is a class 1 misdemeanor if all of the following apply:

1. The child has voluntarily and without consent left the placement location.

2. The person who fails or refuses to return the child is the child's natural or adoptive parent.

3. The person's motive for keeping the child is to protect and care for the child.

C. A violation of subsection A, paragraph 1 of this section is:

1. A class 3 felony if the child is taken, enticed or kept from the lawful custody of the state agency and is taken outside of this state.

2. A class 4 felony if the child is taken, enticed or kept from the lawful custody of the state agency but the child remains in this state at all times.

3. A class 6 felony if the person voluntarily returns the child without physical injury not later than forty-eight hours after the person takes, entices or keeps the child from the lawful custody of the state agency.

4. A class 1 misdemeanor if all of the following apply:

(a) The child has voluntarily and without consent left the placement location.

(b) The person who fails or refuses to return the child is the child's natural or adoptive parent.

(c) The person's motive for keeping the child is to protect and care for the child.

D. For the purposes of this section, "state agency" means the department of child safety or the department of juvenile corrections.