Interference With Custody

Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.

1. Element 1

   OR — Alternative

   Track A — prove all required facts and one conduct alternative

   Without lawful authority, the defendant knowingly or recklessly took or enticed a minor or incompetent person from a parent, guardian, public agency having lawful charge, or other lawful custodian; or aided, abetted, hired, or otherwise procured another to take or entice that person.

   Plain language: For the custody-order or lawful-custodian track, prove one listed conduct alternative, lack of lawful authority, the protected person's status, and the lawful custodian.

2. Element 2

   OR — Alternative

   Track B — prove all required facts and one conduct alternative

   When no custody or visitation order existed, the defendant was a qualifying parent, stepparent, legal guardian, or relative with custody who took, detained, concealed, or enticed away a minor or incompetent person with malicious intent to deprive another person of custodial rights.

   Plain language: This separate no-order track requires all five facts in Instruction 9.3(b), including qualifying relationship, no existing order, and malicious custodial-deprivation intent.