(a) No person, knowing the person is without privilege to do so or being reckless in that regard, shall entice, take, keep or harbor a person identified in paragraph (a)(1), (2) or (3) hereof from the parent, guardian or custodian of the person identified in paragraph (a)(1), (2) or (3) hereof:
(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 the actor's 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 the actor's shelter, protection or influence.
(d) Whoever violates any of the provisions of paragraph (a)(1) or subsection (b) hereof is guilty of a misdemeanor of the first degree, provided that the child who is the subject of a violation of paragraph (a)(1) hereof is not removed from the State and provided that the offender has not previously been convicted of an offense under this section and provided that the child who is the subject of a violation of paragraph (a)(1) hereof does not suffer physical harm as a result of the violation. A violation of paragraph (a)(2) or (a)(3) hereof is a misdemeanor of the third degree. A violation of subsection (b) hereof is a misdemeanor of the first degree. The penalty shall be as provided in Section 698.02. A separate offense shall be deemed committed each day during or on which a violation of subsection (b) hereof occurs or continues.
(ORC 2919.23)