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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
child abduction; biological family relationship
Purpose
Modifies the conditions that classify abduction of a child from a state agency as a class 1 misdemeanor to require the person who commits the abduction to be an adult with a biological family relationship to the child, rather than the child's natural or adoptive parent.
Background
A person commits abduction of a child from a state agency if, knowing or having reason to know that the child is entrusted by authority of law to the custody of the state agency, the person: 1) takes, entices or keeps the child from the lawful custody of the state agency; or 2) intentionally fails or refuses to immediately return or impedes the immediate return of the child to the lawful custody of the state agency, including at the expiration of visitation or access. Abduction of a child from a state agency, as outlined, is a class 1 misdemeanor only if the child voluntarily and without consent left the placement location, the person who fails or refuses to return the child is the child's natural or adoptive parent and the person's motive for keeping the child is to protect and care for the child (A.R.S. § 13-1310).
A class 1 misdemeanor carries a maximum imprisonment sentence of six months and a civil penalty of not more than $2,500 (A.R.S. §§ 13-707 and 13-802).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
2. Becomes effective on the general effective date.
Prepared by Senate Research
February 3, 2025
ZD/KS/ci