Any person who intentionally removes, causes the removal of, or detains the person’s own child under the age of eighteen years outside this state with the intent to deny another person’s rights in violation of an existing custody decree is guilty of a class C felony. Detaining the child outside this state in violation of the custody decree for more than seventy-two hours is prima facie evidence that the person charged intended to violate the custody decree at the time of removal.

Attorney's Note

Under the North Dakota Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class C felonyup to 5 yearsup to $10,000
For details, see § 12.1-32-01

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Terms Used In North Dakota Code 12.1-18-05

  • 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.
  • person: includes , where relevant, a corporation, limited liability company, partnership, unincorporated association, or other legal entity. See North Dakota Code 12.1-01-04
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49