(A) Interference with custody.
(1) 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), (A)(1)(b), or (A)(1)(c) below from the parent, guardian, or custodian of the person identified in division (A)(1)(a), (A)(1)(b), or (A)(1)(c) below:
(a) A child under the age of 18, or a child with a mental or physical disability under the age of 21;
(b) A person committed by law to an institution for delinquent, unruly, neglected, abused, or dependent children;
(c) A person committed by law to an institution for persons with mental illnesses or an institution for persons with intellectual disabilities.
(2) 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.
(3) It is an affirmative defense to a charge of enticing or taking under division (A)(1)(a) 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)(1) 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.
(4) Whoever violates this section is guilty of interference with custody.
(a) Except as otherwise provided in this subdivision, a violation of division (A)(1)(a) above is a misdemeanor of the first degree. If the child who is the subject of a violation of division (A)(1)(a) above 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)(a) 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)(a) above suffers physical harm as a result of the violation, a violation of division (A)(1)(a) above is a felony to be prosecuted under appropriate state law.
(b) A violation of divisions (A)(1)(b) or (A)(1)(c) above is a misdemeanor of the third degree.
(c) A violation of division (A)(2) above is a misdemeanor of the first degree. Each day of a violation of division (A)(2) above is a separate offense.
(R.C. § 2919.23)
(B) Interference with support orders.
(1) No person, by using physical harassment or threats of violence against another person, shall interfere with the other person’s initiation or continuance of, or attempt to prevent the other person from initiating or continuing, an action to issue or modify a support order under R.C. Ch. 3115, or under R.C. § 2151.23, 2151.231, 2151.232, 2151.33, 2151.36, 2151.361, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13, 3113.04, 3113.07, or 3113.31.
(2) Whoever violates this division (B) is guilty of interfering with an action to issue or modify a support order, a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to a violation of this division (B) or a substantially equivalent state law or municipal ordinance, or R.C. § 3111.19, interfering with an action to issue or modify a support order is a felony to be prosecuted under appropriate state law.
(R.C. § 2919.231)
(2000 Code, § 135.15)