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Alaska Statutes

Alaska Stat. § 11.41.320 (2026)

Custodial interference in the first degree

✓ current as of July 2026
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Sec. 11.41.320. Custodial interference in the first degree.
 (a) A person commits the crime of custodial interference in the first degree if the person violates AS 11.41.330(a)(1) and causes the child or incompetent person to be
     (1) removed from the state; or

     (2) kept outside the state.

 (b) Custodial interference in the first degree is a class C felony.




Notes of Decisions
Cited in 13 cases (2 in the last 5 years), 1985–2024 · leading case: Regina C. v. Michael C., 440 P.3d 199 (Alaska 2019).
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Regina C. v. Michael C., 440 P.3d 199 (Alaska 2019). · cites it 5× “AS 11.41.320 -.330, 18.66.990(3)(A). We use initials in lieu of the parties' last names to protect the family's privacy.”
Strother v. State, 891 P.2d 214 (Alaska Ct. App. 1995). · cites it 5× “Did the Alaska Legislature intend AS 11.41.320 and AS 11.41.330 to reach the conduct of a parent whose right to physical custody of the child remains undiminished but whose conduct deprives the other parent of his or her right to custody? 2 During the past twenty years, the…”
Perrin v. State, 66 P.3d 21 (Alaska Ct. App. 2003). · cites it 4× “AS 11.41.320(a). . AS 11.41.320(b). . AS 11.”
Gerlach v. State, 699 P.2d 358 (Alaska Ct. App. 1985). “AS 11.41.320, AS 11.41.330. Since custodial interference is a continuing offense, it necessarily follows that one relying on a defense of necessity must offer some evidence justifying the duration of the interference as well as the initial act of interfering.”
Busby v. State, 40 P.3d 807 (Alaska Ct. App. 2002). “AS 11.41.320(a). 21 . See Cornwall, 915 P.”
Simmons v. State, Dept. of Corr., 426 P.3d 1011 (Alaska 2018). “41, other than AS 11.41.320, or under AS 11.46.400." 11 Simmons was convicted under AS 11.”
Seaman v. State, 825 P.2d 907 (Alaska Ct. App. 1992). “AS 11.41.320. In entering his plea, Seaman reserved his right to appeal Superior Court Judge Charles K.”
Jacob G. v. Savanah F., 545 P.3d 885 (Alaska 2024). · cites it 3× “990(3)(A); AS 11.41.320. 17 Strother v. State, 891 P.”
Tessa Michael Hillyer v. State of Alaska, 537 P.3d 785 (Alaska Ct. App. 2023). “41, other than AS 11.41.320, or under AS 11.46.400”). 20 Former AS 44.”
Michael M. v. Catherine T. (Alaska 2016). “29 Michael also appears to challenge the constitutionality of Alaska’s first degree custodial interference statute, AS 11.41.320(a)(1), as applied to his circumstances.”
State v. Dist. Court, 962 P.2d 895 (Alaska Ct. App. 1998). · cites it 2× “Under AS 11.41.320(a), the offense becomes custodial interference in the first degree — a class C felony — if a person “violates AS 11.”
Dennis Q. v. Monika M. (Alaska 2014). “” AS 11.41.320 defines the crime of “custodial interference in the first degree” to occur when a “person violates AS 11.”
Show all 13 citing cases →
— Alaska Stat. § 11.41.320(a) — 6 cases
Regina C. v. Michael C., 440 P.3d 199 (Alaska 2019). “AS 11.41.320 -.330, 18.66.990(3)(A). We use initials in lieu of the parties' last names to protect the family's privacy.”
Strother v. State, 891 P.2d 214 (Alaska Ct. App. 1995). “Did the Alaska Legislature intend AS 11.41.320 and AS 11.41.330 to reach the conduct of a parent whose right to physical custody of the child remains undiminished but whose conduct deprives the other parent of his or her right to custody? 2 During the past twenty years, the…”
Busby v. State, 40 P.3d 807 (Alaska Ct. App. 2002). “AS 11.41.320(a). 21 . See Cornwall, 915 P.”
Perrin v. State, 66 P.3d 21 (Alaska Ct. App. 2003). “AS 11.41.320(a). . AS 11.41.320(b). . AS 11.”
State v. Dist. Court, 962 P.2d 895 (Alaska Ct. App. 1998). “Under AS 11.41.320(a), the offense becomes custodial interference in the first degree — a class C felony — if a person “violates AS 11.”
— Alaska Stat. § 11.41.320(a)(1) — 2 cases
Regina C. v. Michael C., 440 P.3d 199 (Alaska 2019). “AS 11.41.320 -.330, 18.66.990(3)(A). We use initials in lieu of the parties' last names to protect the family's privacy.”
Michael M. v. Catherine T. (Alaska 2016). “29 Michael also appears to challenge the constitutionality of Alaska’s first degree custodial interference statute, AS 11.41.320(a)(1), as applied to his circumstances.”
— Alaska Stat. § 11.41.320(b) — 2 cases
Regina C. v. Michael C., 440 P.3d 199 (Alaska 2019). “AS 11.41.320 -.330, 18.66.990(3)(A). We use initials in lieu of the parties' last names to protect the family's privacy.”
Perrin v. State, 66 P.3d 21 (Alaska Ct. App. 2003). “AS 11.41.320(a). . AS 11.41.320(b). . AS 11.”
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