PRINTER'S NO. 1361
No. 1173 Session of 1983
INTRODUCED BY SIRIANNI, HAGARTY, VROON, ARMSTRONG, SEMMEL, ARTY,
GREENWOOD, BOWSER, McVERRY, STEVENS, HERMAN, ZWIKL, PETRONE
AND BURD, JUNE 8, 1983
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 8, 1983
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for the penalty for
3 interfering with custody of children.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1 Section 2904 of Title 18 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 2904. Interference with custody of children.
9 (a) Offense defined.--A person commits an offense if he
10 knowingly or recklessly takes or entices any child under the age
11 of 18 years from the custody of its parent, guardian or other
12 lawful custodian, when he has no privilege to do so.
13 (b) Defenses.--It is a defense that:
14 (1) the actor believed that his action was necessary to
15 preserve the child from danger to its welfare; or
16 (2) the child, being at the time not less than 14 years
17 old, was taken away at its own instigation without enticement
18 and without purpose to commit a criminal offense with or
1 against the child; or
2 (3) the actor is the child's parent or guardian or other
3 lawful custodian and is not acting contrary to an order
4 entered by a court of competent jurisdiction.
5 (c) Grading.--The offense is a [misdemeanor of the second
6 degree] felony of the third degree unless the actor, not being a
7 parent or person in equivalent relation to the child, acted with
8 knowledge that his conduct would cause serious alarm for the
9 safety of the child, or in reckless disregard of a likelihood of
10 causing such alarm, in which case the offense is a [misdemeanor
11 of the first degree] felony of the second degree.
12 Section 2. This act shall take effect in 60 days.
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