Offenses Against Persons

ORS 163.257
Custodial interference in the first degree

(1)

A person commits the crime of custodial interference in the first degree if the person violates ORS 163.245 (Custodial interference in the second degree) and:

(a)

Causes the person taken, enticed or kept from the lawful custodian or in violation of a valid joint custody order to be removed from the state; or

(b)

Exposes that person to a substantial risk of illness or physical injury.

(2)

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).

(3)

Custodial interference in the first degree is a Class B felony. [1971 c.743 §101; 1981 c.774 §2; 1987 c.795 §8; 2005 c.564 §7]

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)

Source

Last accessed
Mar. 11, 2023

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