636.12 INTERFERENCE WITH CUSTODY.

   (a)    No person, knowing he or she 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 or her 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 retarded.

   (b)    No person shall aid, abet, induce, cause or encourage a child or a ward of the Juvenile Court who has been committed to the custody of any person, department or public or private institution to leave the custody of that person, department or institution without legal consent.

   (c)    It is an affirmative defense to a charge of enticing or taking under paragraph (a)(1) hereof that the actor reasonably believed that his or her 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 or her shelter, protection or influence. (ORC 2919.23)

   (d)    Whoever violates any of the provisions of this section is guilty of interference with custody, a misdemeanor of the first degree, and shall be subject to the penalty provided in Section 698.02. If the child who is the subject of a violation of paragraph (a)(1) hereof is kept or harbored in a foreign country, a violation of paragraph (a)(1) hereof is a felony of the fourth degree and shall be prosecuted under Ohio R.C. 2919.23(D)(2). A separate offense shall be deemed committed each day during or on which a violation of this section occurs or continues.