(a) No person who is a natural or adoptive parent, or a stepparent of a child, but not entitled to legal custody of the child when the offense occurs, by any means, and with purpose to withhold a child under the age of fourteen or mentally incompetent from the legal custody of his parent, guardian or custodian, shall remove such child from where he is found.
(b) It is an affirmative defense to a charge under this section that the actor reasonably believed that his conduct was necessary to preserve the child's health or welfare.
(c) Whoever violates this section is guilty of child stealing, a misdemeanor of the first degree unless the offender removes the child from the State.
(Ord. 740105-1. Passed 1-5-74.)