Cal. Codes » Penal Code / PART 1. OF CRIMES AND PUNISHMENTS / TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS / CHAPTER 4. Child Abduction
California Codes

Cal. Penal Code § 278.5 (2026)

✓ current as of May 2026
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(a)Every person who takes, entices away, keeps, withholds, or conceals a child and maliciously deprives a lawful custodian of a right to custody, or a person of a right to visitation, shall be punished by imprisonment in a county jail not exceeding one year, a fine not exceeding one thousand dollars ($1,000), or both that fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years, a fine not exceeding ten thousand dollars ($10,000), or both that fine and imprisonment.

(b)Nothing contained in this section limits the court’s contempt power.

(c)A custody order obtained after the taking, enticing away, keeping, withholding, or concealing of a child does not constitute a defense to a crime charged under this section.

Notes of Decisions
Cited in 36 cases (9 in the last 5 years), 1984–2026 · leading case: People v. Jo, 224 Cal. Rptr. 3d 82 (Cal. Ct. App. 5th 2017).
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People v. Jo, 224 Cal. Rptr. 3d 82 (Cal. Ct. App. 5th 2017). “*1134 Following a jury trial, defendant Nan Hui Jo was convicted of child custody deprivation ( Pen. Code, § 278.5, subd. (a) ) and sentenced to 175 days in county jail and thirty-six months probation.”
Elaine Brittain v. William Hansen Rebecca Scott Cnty. of San Bernardino, & Brian Campbell, C0191, 451 F.3d 982 (9th Cir. 2006). “Upon taking Matthew into protective custody, Campbell further would have been permitted, among other things, to “[r]elease the child to the lawful custodian of the child.”
Morales-Garcia v. Holder, 567 F.3d 1058 (9th Cir. 2009). “*1062 DISCUSSION Morales contends that the BIA erred in affirming the IJ’s determination that his conviction under Cal.Penal Code § 278.5(a) qualifies as a CIMT, both for purposes of determining his inadmissibility, see 8 U.”
People v. Beach, 194 Cal. App. 3d 955 (Cal. Ct. App. 1987). · cites it 2× “(Pen. Code, §§ 278.5, subd. (a), 278.) Neal was additionally convicted of second degree burglary (Pen.”
Carter v. Carter, 470 S.E.2d 193 (W. Va. 1996). “See Cal.Penal Code § 278.5 (West 1996); Colo.”
People v. Derner, 182 Cal. App. 3d 588 (Cal. Ct. App. 1986). · cites it 3× “(Pen. Code, § 278.5.) *590 Contentions Defendant contends that his “criminal prosecution was barred by Federal and State Constitutional provisions against double ‘jeopardy.”
People v. Rios, 177 Cal. App. 3d 445 (Cal. Ct. App. 1986). · cites it 2× “Appellant Juan Rios was convicted by a jury of one count of concealment or detention of a child in violation of a custody order (Pen. Code, § 278.5) [1] and one count of felonious false imprisonment (§§ 236, 237).”
People v. Neidinger, 146 P.3d 502 (Cal. 2006). “Penal Code section 278.5 provides in subdivision (a) that it is a crime when a person “takes, entices away, keeps, withholds, or conceals a child and maliciously deprives a lawful custodian of a right to custody, or a person of a right to visitation .”
Barber v. Superior Court, 1 Cal. App. 4th 793 (Cal. Ct. App. 1991). · cites it 3× “It is this removal of the children from California without authorization from the juvenile court or CPS that the People contend violates Penal Code section 278.5. Penal Code section 278.”
United States v. Christy, 810 F. Supp. 2d 1219 (D.N.M. 2011). “The California crime of child abduction by depriving a lawful custodian of a right to custody or visitation encompasses a defendant who takes or entices away a child who is under the age of eighteen when the defendant acted maliciously to deprive the right to custody of a lawful…”
People v. Mehaisin, 2002 Cal. Daily Op. Serv. 8081 (Cal. Ct. App. 2002). “(Pen. Code, § 278.5; further undesignated statutory references are to the Penal Code.”
People v. McCoy, 92 Cal. Daily Op. Serv. 8029 (Cal. Ct. App. 1992). “Introduction Defendant Dennis Devana McCoy was charged by information with three counts of violating a child custody order (Pen. Code, § 278.5). 1 Representing himself, defendant waived jury trial, stipulated to certain facts, and submitted his case on the preliminary hearing…”
Show all 36 citing cases →
— Cal. Penal Code § 278.5(a) — 2 cases
Morales-Garcia v. Holder, 567 F.3d 1058 (9th Cir. 2009). “*1062 DISCUSSION Morales contends that the BIA erred in affirming the IJ’s determination that his conviction under Cal.Penal Code § 278.5(a) qualifies as a CIMT, both for purposes of determining his inadmissibility, see 8 U.”
Emert v. The People of the State of California (S.D. Cal. 2024).
— Cal. Penal Code § 278.5(b) — 1 case
Barber v. Superior Court, 1 Cal. App. 4th 793 (Cal. Ct. App. 1991). “It is this removal of the children from California without authorization from the juvenile court or CPS that the People contend violates Penal Code section 278.5. Penal Code section 278.”
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