California Penal Code - California

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to physical custody.

      (g) “Keeps” or “withholds” means retains physical possession of a child whether or not the child resists or objects.

      (h) “Visitation” means the time for access to the child allotted to any person by court order.

      (i) “Person” includes, but is not limited to, a parent or an agent of a parent.

      (j) “Domestic violence” means domestic violence as defined in Section 6211 of the Family Code.

      (k) “Abduct” means take, entice away, keep, withhold, or conceal.

      (Repealed and added by Stats. 1996, Ch. 988, Sec. 9. Effective January 1, 1997.)

      278.

      Every person, not having a right to custody, who maliciously takes, entices away, keeps, withholds, or conceals any child with the intent to detain or conceal that child from a lawful custodian shall be punished by imprisonment in a county jail not exceeding one year, a fine not exceeding one thousand dollars ($1,000), or both that fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years, a fine not exceeding ten thousand dollars ($10,000), or both that fine and imprisonment.

      (Amended by Stats. 2011, Ch. 15, Sec. 313. Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)

      278.5.

      (a) Every person who takes, entices away, keeps, withholds, or conceals a child and maliciously deprives a lawful custodian of a right to custody, or a person of a right to visitation, shall be punished by imprisonment in a county jail not exceeding one year, a fine not exceeding one thousand dollars ($1,000), or both that fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years, a fine not exceeding ten thousand dollars ($10,000), or both that fine and imprisonment.

      (b) Nothing contained in this section limits the court’s contempt power.

      (c) A custody order obtained after the taking, enticing away, keeping, withholding, or concealing of a child does not constitute a defense to a crime charged under this section.

      (Amended by Stats. 2011, Ch. 15, Sec. 314. Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)

      278.6.

      (a) At the sentencing hearing following a conviction for a violation of Section 278 or 278.5, or both, the court shall consider any relevant factors and circumstances in aggravation, including, but not limited to, all of the following:

      (1) The child was exposed to a substantial risk of physical injury or illness.

      (2) The defendant inflicted or threatened to inflict physical harm on a parent or lawful custodian of the child or on the child at the time of or during the abduction.

      (3) The defendant harmed or abandoned the child during the abduction.

      (4) The child was taken, enticed away, kept, withheld, or concealed outside the United States.

      (5) The child has not been returned to the lawful custodian.

      (6) The defendant previously abducted or threatened to abduct the child.

      (7) The defendant substantially altered the appearance or the name of the child.

      (8) The defendant denied the child appropriate education during the abduction.

      (9) The length of the abduction.

      (10) The age of the child.

      (b) At the sentencing hearing following a conviction for a violation of Section 278 or 278.5, or both, the court shall consider any relevant factors and circumstances in mitigation, including, but not limited to, both of the following:

      (1) The defendant returned the child unharmed and prior to arrest or issuance of a warrant for arrest, whichever is first.

      (2) The defendant provided information and assistance leading to the child’s safe return.

      (c) In addition to any other penalties provided for a violation of Section 278 or 278.5, a court shall order the defendant to pay restitution to the district attorney for any costs incurred in locating and returning the child as provided in Section 3134 of the Family Code, and to the victim for those expenses and costs reasonably incurred by, or on behalf of, the victim in locating and recovering the child. An award made pursuant to this section shall constitute a final judgment and shall be enforceable as such.

      (Added by Stats. 1996, Ch. 988, Sec. 9. Effective January 1, 1997.)

      278.7.

      (a) Section 278.5 does not apply to a person with a right to custody of a child who, with a good faith and reasonable belief that the child, if left with the other person, will suffer immediate bodily injury or emotional harm, takes, entices away, keeps, withholds, or conceals that child.

      (b) Section 278.5 does not apply to a person with a right to custody of a child who has been a victim of domestic violence who, with a good faith and reasonable belief that the child, if left with the other person, will suffer immediate bodily injury or emotional harm, takes, entices away, keeps, withholds, or conceals that child. “Emotional harm” includes having a parent who has committed domestic violence against the parent who is taking, enticing away, keeping, withholding, or concealing the child.

      (c) The person who takes, entices away, keeps, withholds, or conceals a child shall do all of the following:

      (1) Within a reasonable time from the taking, enticing away, keeping, withholding, or concealing, make a report to the office of the district attorney of the county where the child resided before the action. The report shall include the name of the person, the current address and telephone number of the child and the person, and the reasons the child was taken, enticed away, kept, withheld, or concealed.

      (2) Within a reasonable time from the taking, enticing away, keeping, withholding, or concealing, commence a custody proceeding in a court of competent jurisdiction consistent with the federal Parental Kidnapping Prevention Act (Section 1738A, Title 28, United States Code) or the Uniform Child Custody Jurisdiction Act (Part 3 (commencing with Section 3400) of Division 8 of the Family Code).

      (3) Inform the district attorney’s office of any change of address or telephone number of the person and the child.

      (d) For the purposes of this article, a reasonable time within which to make a report to the district attorney’s office is at least 10 days and a reasonable time to commence a custody proceeding is at least 30 days. This section shall not preclude a person from making a report to the district attorney’s office or commencing a custody proceeding earlier than those specified times.

      (e) The address and telephone number of the person and the child provided pursuant to this section shall remain confidential unless released pursuant to state law or by a court order that contains appropriate safeguards to ensure the safety of the person and the child.

      (Added by Stats. 1996, Ch. 988, Sec. 9. Effective January 1, 1997.)

      279.

      A violation of Section 278 or 278.5 by a person who was not a resident of, or present in, this state at the time of the alleged offense is punishable in this state, whether the intent to commit the offense is formed within or outside of this state, if any of the following apply:

      (a) The child was a resident of, or present in, this state at the time the child was taken, enticed away, kept, withheld, or concealed.

      (b) The child thereafter is found in this state.

      (c) A lawful custodian or a person with a right to visitation is a resident of this state at the time the child was taken, enticed away, kept, withheld, or concealed.

      (Repealed and added by Stats. 1996, Ch. 988, Sec. 9. Effective January 1, 1997.)

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