(a) No person, knowing he is without privilege to do so or being reckless in that regard, shall entice, take, keep or harbor any of the following persons from his parent, guardian or custodian:
(1) A child under the age of eighteen or a mentally or physically handicapped child under the age of twenty-one;
(2) A person committed by law to an institution for delinquent, unruly, neglected or dependent children;
(3) A person committed by law to an institution for the mentally ill or mentally deficient.
(b) It is an affirmative defense to a charge of enticing or taking under subsection (a)(1) hereof that the actor reasonably believed that his conduct was necessary to preserve the child’s health or safety. It is an affirmative defense to a charge of keeping or harboring under subsection (a) hereof that the actor in good faith gave notice to law enforcement or judicial authorities within a reasonable time after the child or committed person came under his shelter, protection or influence.
(c) Whoever violates this section is guilty of interference with custody, a misdemeanor of the third degree.
(Ord. 77-29. Passed 11-1-77.)