Custodial interference in the second degree
Source:
Section 163.245 — Custodial interference in the second degree, https://www.oregonlegislature.gov/bills_laws/ors/ors163.html.
Notes of Decisions
Evidence was sufficient to show that defendant knew that he did not have consent to take children, and that he intended to keep children from their mother for a permanent or protracted period of time. State v. Dirks, 35 Or App 33, 581 P2d 85 (1978), Sup Ct review denied
Person sixteen years of age or older and not suffering from physical or mental disability can be “enticed” within meaning of this section. State v. Scott, 36 Or App 15, 583 P2d 1156 (1978), Sup Ct review denied
Whether person being taken has given consent is relevant only if defendant has not “enticed” such consent, and thus this section does not impose strict liability on defendant who aids person who is voluntarily fleeing from custodian. State v. Scott, 36 Or App 15, 583 P2d 1156 (1978), Sup Ct review denied
Parent who knowingly takes child from lawful custody of CSD may commit custodial interference in second degree, even in absence of court order affecting parental rights. State v. Gambone, 93 Or App 569, 763 P2d 188 (1988)
Where parents share custody, existence of joint custody order is not required for actions of one parent to constitute infringement on custody rights of other parent. State v. Fitouri, 133 Or App 672, 893 P2d 556 (1995)
Person may “keep” another person from lawful custodian without restraining or otherwise exercising control over other person. State v. Adicho, 197 Or App 394, 105 P3d 916 (2005)
Law Review Citations
51 OLR 491 (1972)
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