(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 subsection (a)(1), (2) or (3) of this section from the parent, guardian or custodian of the person identified in subsection (a)(1), (2) or (3) of this section:
(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, 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 subsection (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 subsection (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) (1) Whoever violates this section is guilty of interference with custody.
(2) Except as otherwise provided in this subsection, a violation of subsection (a)(1) of this section is a misdemeanor of the first degree. If the child who is the subject of a violation of subsection (a)(1) of this section is removed from the state or if the offender previously has been convicted of an offense under this section, a violation of subsection (a)(1) of this section is a felony and shall be prosecuted under appropriate State law. If the child who is the subject of a violation of subsection (a)(1) of this section suffers physical harm as a result of the violation, a violation of subsection (a)(1) of this section is guilty of a felony and shall be prosecuted under appropriate State law.
(3) A violation of subsection (a)(2) or (3) of this section is a misdemeanor of the third degree.
(4) A violation of subsection (b) of this section is a misdemeanor of the first degree. Each day of violation of subsection (b) of this section is a separate offense.
(ORC 2919.23)
(ORC 2919.23)