(a) No person, knowing that he or she is without privilege to do so or being reckless in that regard, shall entice, take, keep or harbor a person identified in division (a)(1), (a)(2) or (a)(3) below from the parent, guardian or custodian of the person identified in division (a)(1), (a)(2) or (a)(3) below:
(1) A child under the age of 18, or a mentally or physically disabled child under the age of 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 an institution for persons with intellectual disabilities.
(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) above 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 division (a) above 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.
(d) Whoever violates this section is guilty of interference with custody.
(1) Except as otherwise provided in this subdivision, a violation of division (a)(1) above is a misdemeanor of the first degree. If the child who is the subject of a violation of division (a)(1) is removed from the state or if the offender previously has been convicted of an offense under this section or a substantially equivalent state law or municipal ordinance, a violation of division (a)(1) above is a felony to be prosecuted under appropriate state law. If the child who is the subject of a violation of division (a)(1) suffers physical harm as a result of the violation, a violation of division (a)(1) above is a felony to be prosecuted under appropriate state law.
(2) A violation of division (a)(2) or (a)(3) above is a misdemeanor of the third degree.
(3) A violation of division (b) above is a misdemeanor of the first degree. Each day of a violation of division (b) is a separate offense.
(R.C. § 2919.23)