6-2-204. Interference with custody; presumption of knowledge of child's age; affirmative defenses; penalties.
(a) A person is guilty of interference with custody if, having no privilege to do so, he knowingly:
(i) Takes or entices a minor from the custody of the minor's parent, guardian or other lawful custodian; or
(ii) Fails or refuses to return a minor to the person entitled to custody.
(b) Proof that the child was under the age of majority gives rise to an inference that the person knew the child's age.
(c) It is an affirmative defense to a prosecution under this section that:
(i) The action was necessary to preserve the child from an immediate danger to his welfare; or
(ii) The child was not less than fourteen (14) years old and the child was taken away or was not returned:
(A) At his own instigation; and
(B) Without intent to commit a criminal offense with or against the child.
(d) Interference with custody is a felony punishable by imprisonment for not more than five (5) years if:
(i) The defendant is not a parent or person in equivalent relation to the child; or
(ii) The defendant knowingly conceals and harbors the child or refuses to reveal the location of the child to the parent, guardian or lawful custodian.
(e) Interference with custody which is not punishable under subsection (d) of this section is a felony punishable by imprisonment for not more than two (2) years.
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