(A) No person, knowing he is without privilege to do so or being reckless in that regard, shall entice, take, keep, or harbor any of the following persons from his parent, guardian, or custodian:
(1) A child under the age of 18, or a mentally or physically handicapped 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 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 division (A)(1) of this section, that the actor reasonably believed that his 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) 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 his shelter, protection, or influence.
(D) (1) Whoever violates this section is guilty of interference with custody.
(2) If the child who is the subject of a violation of division (A)(1) of this section is not kept or harbored in a foreign country, a violation of division (A)(1) of this section is a misdemeanor of the third degree. If the child who is the subject of a violation of division (A)(1) of this section is kept or harbored in a foreign country, a violation of division (A)(1) of this section is a felony of the fourth degree.
(3) A violation of division (A)(2) or (3) of this section is a misdemeanor of the third degree.
(4) A violation of division (B) of this section is a misdemeanor of the first degree. Each day of violation of division (B) of this section is a separate offense.
(Ord. 35-97, passed 12-10-97)