New Hampshire Revised Statutes 633:4 – Interference With Custody
Current as of: 2023 | Check for updates
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I. A person is guilty of a class B felony if such person knowingly takes from this state or entices away from this state any child under the age of 18, or causes any such child to be taken from this state or enticed away from this state, with the intent to detain or conceal such child from:
(a) A parent, guardian or other person having lawful parental rights and responsibilities as described in RSA 461-A; or
For details, see N.H. Rev. Stat. 651:2
(b) An agency that has protective supervision or legal custody of the child under N.H. Rev. Stat. Chapter 169-C or guardianship of the child under RSA 463.
II. A person is guilty of a misdemeanor if such person knowingly takes, entices away, detains or conceals any child under the age of 18, or causes any such child to be taken, enticed away, detained or concealed, with the intent to detain or conceal such child from:
(a) A parent, guardian or other person having lawful parental rights and responsibilities as described in RSA 461-A; or
(b) An agency that has protective supervision or legal custody of the child under N.H. Rev. Stat. Chapter 169-C or guardianship of the child under RSA 463.
III. It shall be an affirmative defense to a charge under paragraph I or II that the person so charged was acting in good faith to protect the child from real and imminent physical danger. Evidence of good faith shall include but shall not be limited to the filing of a nonfrivolous petition documenting such danger and seeking to modify the custody decree in a court of competent jurisdiction within this state. Such petition must be filed within 72 hours of termination of visitation rights.
IV. The affirmative defense set forth in paragraph III shall not be available if the person charged with the offense has left this state with the child.
(a) A parent, guardian or other person having lawful parental rights and responsibilities as described in RSA 461-A; or
Attorney's Note
Under the New Hampshire Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class B felony | up to 7 years | up to $4,000 |
Terms Used In New Hampshire Revised Statutes 633:4
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- petition: when used in connection with the equity jurisdiction of the superior court, and referring to a document filed with the court, shall mean complaint, and "petitioner" shall mean plaintiff. See New Hampshire Revised Statutes 21:51
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
(b) An agency that has protective supervision or legal custody of the child under N.H. Rev. Stat. Chapter 169-C or guardianship of the child under RSA 463.
II. A person is guilty of a misdemeanor if such person knowingly takes, entices away, detains or conceals any child under the age of 18, or causes any such child to be taken, enticed away, detained or concealed, with the intent to detain or conceal such child from:
(a) A parent, guardian or other person having lawful parental rights and responsibilities as described in RSA 461-A; or
(b) An agency that has protective supervision or legal custody of the child under N.H. Rev. Stat. Chapter 169-C or guardianship of the child under RSA 463.
III. It shall be an affirmative defense to a charge under paragraph I or II that the person so charged was acting in good faith to protect the child from real and imminent physical danger. Evidence of good faith shall include but shall not be limited to the filing of a nonfrivolous petition documenting such danger and seeking to modify the custody decree in a court of competent jurisdiction within this state. Such petition must be filed within 72 hours of termination of visitation rights.
IV. The affirmative defense set forth in paragraph III shall not be available if the person charged with the offense has left this state with the child.