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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1985 

                        CHAPTER 227-H.F.No. 245 
           An act relating to crimes; clarifying elements of the 
          crime of depriving another of custodial or parental 
          rights; amending Minnesota Statutes 1984, section 
          609.26, subdivisions 1 and 2.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 609.26, 
subdivision 1, is amended to read:  
    Subdivision 1.  [PROHIBITED ACTS.] Whoever intentionally 
does any of the following acts may be charged with a felony and, 
upon conviction, may be sentenced as provided in subdivision 6:  
    (1) conceals a minor child from the child's parent or other 
person having the right to visitation or custody, where the 
action manifests an intent substantially to deprive that parent 
or other person of his parental rights to visitation or custody 
or conceals a minor child from another person having the right 
to visitation or custody where the action manifests an intent to 
substantially deprive that person of rights to visitation or 
custody; 
    (2) takes, obtains, retains, or fails to return a minor 
child in violation of a court order which has transferred legal 
custody under chapter 260 to the commissioner of human services, 
a child placing agency, or the county welfare board;  
    (3) takes, obtains, retains, or fails to return a minor 
child from or to the parent or other person having the right to 
visitation or custody under a court order, where the action 
manifests an intent substantially to deprive that parent or 
other person having the right to visitation or custody of his 
rights to visitation or custody; or 
    (4) takes, obtains, retains, or fails to return a minor 
child from or to a parent or other person having the right to 
visitation or custody after commencement of an action relating 
to child visitation or custody but prior to the issuance of an 
order determining custody or visitation rights, where the action 
manifests an intent substantially to deprive that parent or 
other person having the right to visitation or custody of his 
rights to visitation or custody of parental rights. 
    Sec. 2.  Minnesota Statutes 1984, section 609.26, 
subdivision 2, is amended to read:  
    Subd. 2.  [DEFENSES.] No person violates subdivision 1 if 
the action:  
    (1) is taken to protect the child or the person taking the 
action from physical or emotional harm or sexual assault or 
substantial emotional harm;  
    (2) is taken to protect the person taking the action from 
physical or sexual assault; 
    (3) is consented to by the parent, stepparent, or legal 
custodian seeking prosecution; or 
    (3) (4) is otherwise authorized by a court order issued 
prior to the violation of subdivision 1.  
    The defenses provided in this subdivision are in addition 
to and do not limit other defenses available under this chapter 
or chapter 611.  
    Sec. 3.  [EFFECTIVE DATE.] 
    Sections 1 and 2 are effective August 1, 1985, and apply to 
crimes committed on or after that date. 
    Approved May 24, 1985