Custodial interference in the first degree
Source:
Section 163.257 — Custodial interference in the first degree, https://www.oregonlegislature.gov/bills_laws/ors/ors163.html
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Notes of Decisions
Legislative intent is that, absent showing of immediate physical danger to child, parties to custody battle are not permitted to steal children back and forth. State v. Easton, 35 Or App 603, 582 P2d 37 (1978), Sup Ct review denied
In prosecution under this section defense of legal impossibility is not available to defendant simply because she was joint custodial parent of child. State v. West, 70 Or App 167, 688 P2d 406 (1984)
This section describes continuing offense and period of limitation does not begin to run until custodial interference ceases. State v. Rose, 75 Or App 379, 706 P2d 583 (1985), Sup Ct review denied
Where state contended that defendant’s flight was motivated by knowledge that defendant had no legal right to custody of children, court erred in suppressing evidence of a different motive. State v. Bayse, 122 Or App 608, 859 P2d 542 (1993)
Law Review Citations
51 OLR 491 (1972)