Missouri Laws 565.153 – Parental kidnapping — penalty
1. In the absence of a court order determining rights of custody or visitation to a child, a person having a right of custody of the child commits the offense of parental kidnapping if he or she removes, takes, detains, conceals, or entices away that child within or without the state, without good cause, and with the intent to deprive the custody right of another person or a public agency also having a custody right to that child.
2. Parental kidnapping is a class E felony, unless committed by detaining or concealing the whereabouts of the child for:
Attorney's Note
Under the Missouri Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class B felony | between 5 and 15 years | |
| Class D felony | up to 7 years | up to $10,000 |
| Class E felony | up to 4 years | up to $10,000 |
Terms Used In Missouri Laws 565.153
- Child: a person under seventeen years of age. See Missouri Laws 565.002
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Parent: either a biological parent or a parent by adoption. See Missouri Laws 565.002
- person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Missouri Laws 1.020
- Person having a right of custody: a parent or legal guardian of the child. See Missouri Laws 565.002
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- State: when applied to any of the United States, includes the District of Columbia and the territories, and the words "United States" includes such district and territories. See Missouri Laws 1.020
(1) Not less than sixty days but not longer than one hundred nineteen days, in which case, the offense is a class D felony;
(2) Not less than one hundred twenty days, in which case, the offense is a class B felony.
3. A subsequently obtained court order for custody or visitation shall not affect the application of this section.
4. Upon a finding of guilt for an offense under this section, the court may, in addition to or in lieu of any sentence or fine imposed, assess as restitution against the defendant and in favor of the legal custodian or parent, any reasonable expenses incurred by the legal custodian or parent in searching for or returning the child.