Statutes | Law and Order Code of the Fort McDowell Yavapai Community, Arizona Chapter 6 Article V ยง 6-75 | 2019

A. A person is guilty of custodial interference if:
1. With the intent to deny access to the child by a parent, guardian, institution, agency or other person having lawful right to custody of the child, the person entices, retains, detains or conceals the child from the parent, guardian, institution, agency or other person having lawful right physical custody of such child.
 
B. A first conviction of custodial interference is a Class III offense. A second conviction of custodial interference is a Class II offense.
 
C. In any prosecution for custodial interference it is a complete defense, if established by the defendant by a preponderance of the evidence, that the defendants purpose was to protect the child from imminent physical harm, and that belief in the existence of the imminent physical harm was reasonable.
 
D. Consent of a child does not constitute a defense to a prosecution for custodial interference.
 
E. Custodial interference is a Class III offense.
 
(Law & Order Code 2006, § 6-75)