(a) A person is guilty of custodial interference in the first degree when he commits custodial interference in the second degree as provided in section 53a-98 : (1) Under circumstances which expose the child or person taken or enticed from lawful custody or the child held after a request by the lawful custodian for his return to a risk that his safety will be endangered or his health materially impaired; or (2) by taking, enticing or detaining the child or person out of this state.
(b) Custodial interference in the first degree is a class D felony.