Alaska Statutes
Alaska Stat. § 11.41.330 (2026)
Custodial interference in the second degree
✓ current as of July 2026
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Sec. 11.41.330. Custodial interference in the second degree.
(a) A person commits the crime of custodial interference in the second degree if
(1) 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; or
(2) not being a relative of a child under 18 years of age or a relative of an incompetent person, knowing that the person has no right to do so and with the intent to take or keep the child or incompetent person, the person represents to the lawful custodian that the person has a right to take or keep the child or incompetent person.
(b) The affirmative defense of necessity under AS 11.81.320 does not apply to a prosecution for custodial interference under (a)(1) 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.
(a) A person commits the crime of custodial interference in the second degree if
(1) 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; or
(2) not being a relative of a child under 18 years of age or a relative of an incompetent person, knowing that the person has no right to do so and with the intent to take or keep the child or incompetent person, the person represents to the lawful custodian that the person has a right to take or keep the child or incompetent person.
(b) The affirmative defense of necessity under AS 11.81.320 does not apply to a prosecution for custodial interference under (a)(1) 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.
Notes of Decisions
Cited in 21
cases (4 in the last 5 years), 1985–2026 · leading case: Regina C. v. Michael C., 440 P.3d 199 (Alaska 2019).
Regina C. v. Michael C., 440 P.3d 199 (Alaska 2019). “AS 11.41.330 (emphases added). Faulkner v.”
Strother v. State, 891 P.2d 214 (Alaska Ct. App. 1995). “The basic elements of the crime are defined in the second-degree custodial interference statute, AS 11.41.330. The crime becomes first-degree custodial interference “if the [defendant] violates AS 11.”
Vachon v. Pugliese, 931 P.2d 371 (Alaska 1996). “In Strother , the court of appeals analyzed the custodial interference statute, AS 11.41.330, and examined the necessary actions and mental state for the crime of custodial interference.”
Gerlach v. State, 699 P.2d 358 (Alaska Ct. App. 1985). “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.”
Perrin v. State, 66 P.3d 21 (Alaska Ct. App. 2003). “AS 11.41.330(a). . See Cooksey v. State, 524 P.”
Wheat v. State, 734 P.2d 1007 (Alaska Ct. App. 1987). “AS 11.41.330(a) provides: 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…”
State v. Jack, 67 P.3d 673 (Alaska Ct. App. 2003). “, Substantive Criminal Law § 2.7 at 160-63, 2.9(a) at 180-86 (1986).”
Edna K. v. Jeb S., 468 P.3d 1046 (Alaska 2020). “” AS 11.41.330(a)(1); see also AS 18.66.990(3)(A) (defining “domestic violence” to include custodial interference); Regina C.”
Susan M. v. Paul H., 362 P.3d 460 (Alaska 2015). “3 , AS 11.41.330 (a)(1) ("A person commits the crime of custodial interference in the second degree if (1) being a relative of a child under 18 years of age .”
Seaman v. State, 825 P.2d 907 (Alaska Ct. App. 1992). “320 provides: (a) A person commits the crime of custodial interference in the first degree if the person violates AS 11.41.330 and causes the victim to be removed from the state.”
Kelly D. v. Anthony K. (Alaska 2019). “41 when committed “by a household member against another household member”); AS 11.41.330 (custodial interference); AS 18.”
Richard Green v. State of Alaska, Dep't of Health & Soc. Servs., Off. of Child.'s Servs., as legal custodian of Un-named Child. 1-4 & Off. of Pub. Advocacy, as guardian ad litem of Un-named Child. 1-4 (Alaska 2022). “2 The petition referred to the injuries to the youngest child and asserted that Green “attempted custodial interference in the 2nd degree as described in AS 11.41.330.”3 The court granted the 20 day ex parte DVPO and later determined that each side would be allotted one trial…”
— Alaska Stat. § 11.41.330(a) — 8 cases
Regina C. v. Michael C., 440 P.3d 199 (Alaska 2019). “AS 11.41.330 (emphases added). Faulkner v.”
Strother v. State, 891 P.2d 214 (Alaska Ct. App. 1995). “The basic elements of the crime are defined in the second-degree custodial interference statute, AS 11.41.330. The crime becomes first-degree custodial interference “if the [defendant] violates AS 11.”
Perrin v. State, 66 P.3d 21 (Alaska Ct. App. 2003). “AS 11.41.330(a). . See Cooksey v. State, 524 P.”
Wheat v. State, 734 P.2d 1007 (Alaska Ct. App. 1987). “AS 11.41.330(a) provides: 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…”
State v. Jack, 67 P.3d 673 (Alaska Ct. App. 2003). “, Substantive Criminal Law § 2.7 at 160-63, 2.9(a) at 180-86 (1986).”
— Alaska Stat. § 11.41.330(a)(1) — 6 cases
Regina C. v. Michael C., 440 P.3d 199 (Alaska 2019). “AS 11.41.330 (emphases added). Faulkner v.”
Edna K. v. Jeb S., 468 P.3d 1046 (Alaska 2020). “” AS 11.41.330(a)(1); see also AS 18.66.990(3)(A) (defining “domestic violence” to include custodial interference); Regina C.”
Richard Green v. State of Alaska, Dep't of Health & Soc. Servs., Off. of Child.'s Servs., as legal custodian of Un-named Child. 1-4 & Off. of Pub. Advocacy, as guardian ad litem of Un-named Child. 1-4 (Alaska 2022). “2 The petition referred to the injuries to the youngest child and asserted that Green “attempted custodial interference in the 2nd degree as described in AS 11.41.330.”3 The court granted the 20 day ex parte DVPO and later determined that each side would be allotted one trial…”
Kelly D. v. Anthony K. (Alaska 2019). “41 when committed “by a household member against another household member”); AS 11.41.330 (custodial interference); AS 18.”
Jacob G. v. Savanah F., 545 P.3d 885 (Alaska 2024).
— Alaska Stat. § 11.41.330(b) — 2 cases
Kelly D. v. Anthony K. (Alaska 2019). “41 when committed “by a household member against another household member”); AS 11.41.330 (custodial interference); AS 18.”
Jacob G. v. Savanah F., 545 P.3d 885 (Alaska 2024).
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