565.160. Defenses to interference with custody, parental kidnapping, and child abduction.
There are specific legal defenses for custody and kidnapping charges involving children
In Missouri, certain situations can serve as complete defenses if someone is charged with interfering with custody, parental kidnapping, or child abduction.
1. A person is not guilty of interference with custody, parental kidnapping, or child abduction if any of the following are true:
- (1) They had legal custody or visitation rights under a valid court order at the time. (Note: This does not apply to child abduction under part (5) of section 565.156.)
- (2) They didn’t return the child on time because of something out of their control, tried to contact the other parent or guardian within 24 hours, and brought the child back as soon as they could.
- (3) They were escaping a current or ongoing situation involving domestic violence.
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