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- Alaska Statutes.
- Title 11. Criminal Law
- Chapter 41. Offenses Against the Person
- Section 330. Custodial Interference in the Second Degree.
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AS 11.41.330. Custodial Interference in the Second Degree.
- (a) A person commits the crime of custodial interference in the second degree if, being a relative of a child under 18
years of age or a relative of an incompetent person and knowing that the person has no legal right to do so, the person
takes, entices, or keeps that child or incompetent person from a lawful custodian with intent to hold the child or
incompetent person for a protracted period.
- (b) The affirmative defense of necessity under AS 11.81.320 does not apply to a prosecution for custodial interference under (a) of this section if the protracted period for which the person held the child or incompetent person exceeded the shorter of the following:
- (1) 24 hours; or
- (2) the time necessary to report to a peace officer or social service agency that the child or incompetent person has been abused, neglected, or is in imminent physical danger.
- (c) Custodial interference in the second degree is a class A misdemeanor.
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