PRINTER'S NO. 2829

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2093 Session of 1984


        INTRODUCED BY MANMILLER, PICCOLA AND DININNI, APRIL 30, 1984

        REFERRED TO COMMITTEE ON JUDICIARY, APRIL 30, 1984

                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, further providing for defenses
     3     relating to the offense of interference with custody of
     4     children.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  Section 2904(b) of Title 18 of the Pennsylvania
     8  Consolidated Statutes is amended to read:
     9  § 2904.  Interference with custody of children.
    10     * * *
    11     (b)  Defenses.--It is a defense that:
    12         (1)  the actor believed that his action was necessary to
    13     preserve the child from danger to its welfare; or
    14         (2)  the child, being at the time not less than 14 years
    15     old, was taken away at its own instigation without enticement
    16     and without purpose to commit a criminal offense with or
    17     against the child; or
    18         (3)  the actor is the child's parent [or], guardian [or],


     1     other lawful custodian or the person with whom the child
     2     resides and who is receiving support payments for the child
     3     pursuant to an order of court and the actor is not acting
     4     contrary to an order entered by a court of competent
     5     jurisdiction.
     6     * * *
     7     Section 2.  This act shall take effect in 60 days.
















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