(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, abused 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 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.
(d) (1) Whoever violates this section is guilty of interference with custody.
(2) If the child who is the subject of a violation of subsection (a)(1) hereof is not kept or harbored in a foreign country, a violation of subsection (a)(1) hereof is a misdemeanor of the third degree. If the child who is the subject of a violation of subsection (a)(1) hereof is kept or harbored in a foreign country, a violation of subsection (a)(1) hereof is a felony of the fourth degree and shall be prosecuted under State law.
(3) A violation of subsection (a)(2) or (3) hereof is a misdemeanor of the third degree.
(4) A violation of subsection (b) hereof is a misdemeanor of the first degree. Each day of violation of subsection (b) hereof is a separate offense.
(ORC 2919.23)