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RSA 633:4 · Interference With Custody

Title
LXII: CRIMINAL CODE
Chapter
633 · INTERFERENCE WITH FREEDOM
Status
current
Official source linked
Yes
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633:4 Interference With Custody. –

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I.

A person is guilty of a class B felony if such person knowingly takes from this state or entices away from this state any child under the age of 18, or causes any such child to be taken from this state or enticed away from this state, with the intent to detain or conceal such child from:

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(a)

A parent, guardian or other person having lawful parental rights and responsibilities as described in RSA 461-A; or

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(b)

An agency that has protective supervision or legal custody of the child under RSA 169-C or guardianship of the child under RSA 463.

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II.

A person is guilty of a misdemeanor if such person knowingly takes, entices away, detains or conceals any child under the age of 18, or causes any such child to be taken, enticed away, detained or concealed, with the intent to detain or conceal such child from:

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(a)

A parent, guardian or other person having lawful parental rights and responsibilities as described in RSA 461-A; or

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(b)

An agency that has protective supervision or legal custody of the child under RSA 169-C or guardianship of the child under RSA 463.

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III.

It shall be an affirmative defense to a charge under paragraph I or II that the person so charged was acting in good faith to protect the child from real and imminent physical danger. Evidence of good faith shall include but shall not be limited to the filing of a nonfrivolous petition documenting such danger and seeking to modify the custody decree in a court of competent jurisdiction within this state. Such petition must be filed within 72 hours of termination of visitation rights.

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IV.

The affirmative defense set forth in paragraph III shall not be available if the person charged with the offense has left this state with the child. Source. 1983, 390:1. 1998, 292:2. 2005, 273:16. 2014, 95:1, eff. Jan. 1, 2015.

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Source note

Source. 1983, 390:1. 1998, 292:2. 2005, 273:16. 2014, 95:1, eff. Jan. 1, 2015.

Source history

  • 1983, 390:1
  • 1998, 292:2
  • 2005, 273:16
  • 2014, 95:1, eff. Jan. 1, 2015

Related materials

Bill relationships

  • 2026 HB1458 reference · effective 2027-07-02

    for a massage establishment proprietor including verification of identity through provision of a social security number or tax identification number and no prior convictions under RSA 633, RSA 632-A, RSA 645:2, RSA 649-A or similar laws in other states, as verified by a background check conducted by the department of safety, division of state police and a background check conducted by the Federal Bureau

  • 2026 HB1458-FN reference · effective 2027-07-02

    for a massage establishment proprietor including verification of identity through provision of a social security number or tax identification number and no prior convictions under RSA 633, RSA 632-A, RSA 645:2, RSA 649-A or similar laws in other states, as verified by a background check conducted by the department of safety, division of state police and a background check conducted by the Federal Bureau

  • 2026 HB1595 reference · effective 2027-01-01

    olence under RSA 631:2-b; (e) Aggravated felonious sexual assault or felonious sexual assault under RSA 632-A; (f) Kidnapping, criminal restraint, or trafficking persons under RSA 633; (g) Class B felony stalking under RSA 633:3-a; (h) Class A felony arson under RSA 634:1; (i) Robbery under RSA 636; (j) Incest under RSA 639:2, III or endangering the welfare of a child by solicitation under RS

  • 2026 HB1595-FN reference · effective 2027-01-01

    olence under RSA 631:2-b; (e) Aggravated felonious sexual assault or felonious sexual assault under RSA 632-A; (f) Kidnapping, criminal restraint, or trafficking persons under RSA 633; (g) Class B felony stalking under RSA 633:3-a; (h) Class A felony arson under RSA 634:1; (i) Robbery under RSA 636; (j) Incest under RSA 639:2, III or endangering the welfare of a child by solicitation under RS

  • 2026 HB1740 reference · effective 2027-01-01

    Criminal threatening (RSA 631:4); (c) Sexual assault (RSA 632-A:2 through 632-A:5); (d) Interference with freedom (RSA 633:1 through 633:3-a); (e) Interference with custody (RSA 633:4); (f) Destruction of property (RSA 634:1 and 634:2); (g) Unauthorized entry (RSA 635:1 and 635:2); (h) Harassment (RSA 644:4); (i) Cruelty to animals (RSA 644:8). II. “Contact” means any action to communicate

  • 2026 HB1740-FN reference · effective 2027-01-01

    Criminal threatening (RSA 631:4); (c) Sexual assault (RSA 632-A:2 through 632-A:5); (d) Interference with freedom (RSA 633:1 through 633:3-a); (e) Interference with custody (RSA 633:4); (f) Destruction of property (RSA 634:1 and 634:2); (g) Unauthorized entry (RSA 635:1 and 635:2); (h) Harassment (RSA 644:4); (i) Cruelty to animals (RSA 644:8). II. “Contact” means any action to communicate

  • 2026 HB191 add

    cy without parental permission. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; Criminal Code; Illegal Transporting of a Minor for a Surgical Procedure. Amend RSA 633 by inserting after section 4 the following new section: 633:4-a Illegal Transporting of a Minor for a Surgical Procedure. I. A person is guilty of a class A misdemeanor if such person intentionally transports

  • 2026 HB191-FN amend

    t Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; Criminal Code; Illegal Transporting of a Minor for a Surgical Procedure. Amend RSA 633 by inserting after section 4 the following new section: 633:4-a Illegal Transporting of a Minor for a Surgical Procedure. I. A person is guilty of a class A misdemeanor if such person intentionally transports a unem

  • 2026 HB194 amend · effective 2027-01-01

    tice of pharmacy and the dispensing of certain medications by pharmacists. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Paragraphs; Interference with Custody. Amend RSA 633:4 by inserting after paragraph IV the following new paragraphs: V. A person commits an offense under this section if, with the intent to interfere with the lawful custody of a child under 18 years of age, the pe

  • 2026 HB194-FN amend · effective 2027-01-01

    ertain medications by pharmacists. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Paragraphs; Interference with Custody. Amend RSA 633:4 by inserting after paragraph IV the following new paragraphs: V. A person commits an offense under this section if, with the intent to interfere with the lawful custody of a child under 18 years of age, the person know

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