Offenses Against Persons

ORS 163.245
Custodial interference in the second degree


A person commits the crime of custodial interference in the second degree if, knowing or having reason to know that the person has no legal right to do so, the person takes, entices or keeps another person from the other person’s lawful custodian or in violation of a valid joint custody order with intent to hold the other person permanently or for a protracted period.


Expenses incurred by a lawful custodial parent or a parent enforcing a valid joint custody order in locating and regaining physical custody of the person taken, enticed or kept in violation of this section are “economic damages” for purposes of restitution under ORS 137.103 (Definitions for ORS 137) to 137.109 (Effect of restitution order on other remedies of victim).


Custodial interference in the second degree is a Class C felony. [1971 c.743 §100; 1981 c.774 §1; 1987 c.795 §7; 2005 c.564 §6]

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)


Last accessed
Mar. 11, 2023