Code of Alabama
Ala. Code § 13A-6-45 (2026)
Interference with Custody.
✓ official Alabama Legislature (ALISON) text, current July 2026
(a) A person commits the crime of interference with custody if he knowingly takes or entices:
(1) Any child under the age of 18 from the lawful custody of its parent, guardian or other lawful custodian, or
(2) Any committed person from the lawful custody of its parent, guardian or other lawful custodian. “Committed person” means, in addition to anyone committed under judicial warrant, any neglected, dependent or delinquent child, mentally defective or insane person or any other incompetent person entrusted to another’s custody by authority of law.
(b) A person does not commit a crime under this section if the actor’s sole purpose is to assume lawful control of the child.
The burden of injecting the issue is on the defendant, but this does not shift the burden of proof.
(c) Interference with custody is a Class C felony.
(Acts 1977, No. 607, p. 812, §2215; Acts 1983, No. 83-571, p. 877.)
Notes of Decisions
Cited in 8
cases, 1993–2018 · leading case: Kennedy v. State, 640 So. 2d 22 (Ala. Crim. App. 1993).
Kennedy v. State, 640 So. 2d 22 (Ala. Crim. App. 1993). “Danny Kennedy, the appellant, was charged in an eight-count indictment with interfering with custody, in violation of Ala. Code 1975, § 13A-6-45 (three counts involving A.”
Marshall v. State, 182 So. 3d 573 (Ala. Crim. App. 2014). “In Alabama, a sentence of death can be imposed only when two separate fact findings are made: First, that aggravating circumstances are found to exist beyond a reasonable doubt, see Ala.Code § 13A-6-45(f) (1975), and second, that the aggravating circumstances outweigh any…”
Smith v. State, 213 So. 3d 108 (Ala. Crim. App. 2000). “Code 1975, § 13A-5-45(d). See also Stephens v. State, 580 So.2d 11 (Ala.”
Pruitt v. State, 272 So. 3d 732 (Ala. Crim. App. 2018). “…when the actor was less than 14 years old.'); § 13A-6-40(1)(b) (defining 'restrain' in connection with kidnapping); § 13A-6-45 (interference with custody); § 13A-6-61(a)(3) (rape in the first degree); § 13A-6-62(a)(1) (rape in the second degree); § 13A-6-63(a)(3) (sodomy in…”
Owens v. Urbina, 765 S.E.2d 909 (Ga. 2014). “1 Ala. Code § 13A-6-45 (a) (1) provides: “A person commits the crime of interference with custody if he knowingly takes or entices: .”
Gennie v. Byrd v. Investigator D.A. Jones, 673 F. App'x 968 (11th Cir. 2016). “” Ala. Code 1975 § 13A-6-45. At the time he obtained the arrest warrant, Jones had probable cause to believe that Williams, not Bridget, had lawful custody of the child.”
State v. Woodard, 631 So. 2d 1065 (Ala. Crim. App. 1993). “…in the second degree); § 13A-6-63(a)(3) (sodomy in the first degree); § 13A-6-64(a)(1) (sodomy in the second degree); § 13A-6-66(a)(3) (sexual abuse in the first degree); § 13A-6-67(a)(2) (sexual abuse in the second degree); § 13A-6-69 (enticing child to enter vehicle,…”
Pruitt v. State, 272 So. 3d 732 (Ala. Crim. App. 2018). “…when the actor was less than 14 years old.'); § 13A-6-40(1)(b) (defining 'restrain' in connection with kidnapping); § 13A-6-45 (interference with custody); § 13A-6-61(a)(3) (rape in the first degree); § 13A-6-62(a)(1) (rape in the second degree); § 13A-6-63(a)(3) (sodomy in…”
— Ala. Code § 13A-6-45(a) — 1 case
Kennedy v. State, 640 So. 2d 22 (Ala. Crim. App. 1993). “Danny Kennedy, the appellant, was charged in an eight-count indictment with interfering with custody, in violation of Ala. Code 1975, § 13A-6-45 (three counts involving A.”
— Ala. Code § 13A-6-45(b)(2) — 1 case
Kennedy v. State, 640 So. 2d 22 (Ala. Crim. App. 1993). “Danny Kennedy, the appellant, was charged in an eight-count indictment with interfering with custody, in violation of Ala. Code 1975, § 13A-6-45 (three counts involving A.”
— Ala. Code § 13A-6-45(c) — 1 case
Smith v. State, 213 So. 3d 108 (Ala. Crim. App. 2000). “Code 1975, § 13A-5-45(d). See also Stephens v. State, 580 So.2d 11 (Ala.”
— Ala. Code § 13A-6-45(f) — 1 case
Marshall v. State, 182 So. 3d 573 (Ala. Crim. App. 2014). “In Alabama, a sentence of death can be imposed only when two separate fact findings are made: First, that aggravating circumstances are found to exist beyond a reasonable doubt, see Ala.Code § 13A-6-45(f) (1975), and second, that the aggravating circumstances outweigh any…”
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