636.07 CHILD STEALING.

   (a)   No person, by any means, and with purpose to withhold a minor from the legal custody of his or her parent, guardian or custodian, shall remove the minor from the place where he or she is found.

   (b)   It is an affirmative defense to a charge under this section that the actor reasonably believed that his or her conduct was necessary to preserved the minor’s health or welfare.

   (c)   Whoever violates this section is guilty of child stealing, a misdemeanor of the first degree, provided the offender is a natural or adoptive parent or a step-parent of the child, but not entitled to legal custody of the minor when the offense is committed, and provided the violator has not removed the child from the State, and provided the offender has not previously been convicted of child stealing or of kidnapping or abduction involving a minor, and provided no physical harm is done to the minor. Punishment shall be as provided in Section 698.02.

(ORC 2905.04)