(a) No person, knowing the person is without privilege to do so or being reckless in that regard, shall entice, take, keep or harbor any of the following persons from those persons’ parent, guardian or custodian:
(1) A child under the age of eighteen (18), or a mentally or physically handicapped child under the age of twenty-one (21);
(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 division (a)(1) of this section 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 division (a) of this section 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 this section is guilty of interference with custody. Except as otherwise provided in RC 2919.23(D)(2), violation of division (a)(1) of this section is a misdemeanor of the first degree. A violation of division (a)(2) or (3) of this section is a misdemeanor of the third degree. A violation of division (b) of this section is a misdemeanor of the first degree. Each day of violation of division (b) of this section is a separate offense.
(RC 2919.23; Ord. No. 834-03. Passed 6-10-03, eff. 6-12-03)