Public-domain · open source

Ala. Code § 13A-6-45

Interference with Custody.

Known as the Protecting Alabama’s Elders Act

The act spans §§ 13A-6-1 to 13A-6-96 (103 sections).

Applied in 3 court decisions — leading case Marshall v. State (2014)

Most recently applied in Owens v. Urbina (November 2014)

(Acts 1977, No. 607, p. 812, §2215; Acts 1983, No. 83-571, p. 877.)

(a) A person commits the crime of interference with custody if he knowingly takes or entices:

(1) Any child under the age of 18 from the lawful custody of its parent, guardian or other lawful custodian, or

(2) Any committed person from the lawful custody of its parent, guardian or other lawful custodian. “Committed person” means, in addition to anyone committed under judicial warrant, any neglected, dependent or delinquent child, mentally defective or insane person or any other incompetent person entrusted to another’s custody by authority of law.

(b) A person does not commit a crime under this section if the actor’s sole purpose is to assume lawful control of the child.

The burden of injecting the issue is on the defendant, but this does not shift the burden of proof.

Official source: Alabama Legislature (ALISON). Reproduced from public-domain Alabama statutes; confirm against the official source for the current text. Not legal advice.