§707-726 Custodial interference in the
first degree. (1) A person commits the offense of custodial interference
in the first degree if:
(a) The person:
(i) Intentionally or knowingly violates a
court order issued pursuant to chapter 586, or intentionally or knowingly
takes, entices, conceals, or detains the minor from any other person who has a
right to custody pursuant to a court order, judgment, or decree; and
(ii) Removes the minor from the State;
(b) The person intentionally or knowingly takes,
entices, conceals, or detains a minor less than eleven years old from that
minor's lawful custodian, knowing that the person had no right to do so; or
(c) The person, in the absence of a court order
determining custody or visitation rights, intentionally or knowingly takes,
detains, conceals, or entices away a minor with the intent to deprive another
person or a public agency of their right to custody, and removes the minor from
the State.
(2) It is an affirmative defense to a
prosecution under this section that the person had "good cause" for
the violation of a court order issued pursuant to chapter 586, for the taking,
detaining, concealing, or enticing away of the minor, or for removing the minor
from the State; provided that the person asserting the affirmative defense
filed a report with the clerk of the family court detailing the whereabouts of
the minor, the person who took, enticed, detained, concealed, or removed the
minor or child, and the circumstances of the event as soon as the filing of the
report was practicable; and provided further that the person asserting the
affirmative defense also filed a request for a custody order as soon as the
filing of the request was practicable.
As used in this section, "good cause"
means a good faith and reasonable belief that the taking, detaining,
concealing, enticing away, or removing of the minor is necessary to protect the
minor from immediate bodily injury.
(3) The identity and address of the person
reporting under subsection (2) shall remain confidential unless the information
is released pursuant to a court order.
(4) Custodial interference in the first degree
is a class C felony. [L 1981, c 171, pt of §1; am L 1982, c 48, §2; am L 1984,
c 138, §1; am L 1986, c 314, §55; am L 1994, c 245, §1; am L 1996, c 146, §1]
Notes of Decisions
Cited in
7
cases (
1 in the last 5 years), 1998–2021 · leading case:
State v. Jumila, 950 P.2d 1201 (Haw. 1998).
State v. Jumila, 950 P.2d 1201 (Haw. 1998).
· cites it 4× “defined in the HPC that could be the underlying felonies for HRS § 134-6(a) offenses are: Assault in the First Degree, HRS § 707-710; Assault in the Second Degree, HRS § 707-711(1)(a); Terroristic Threatening in the First Degree (against a public servant), HRS § 707-716(1)(c);…”
State v. Anzalone., 412 P.3d 951 (Haw. 2018).
· cites it 4× “1 HRS § 707-726(1) (a) (2014) provides: (1) A person commits the offense of custodial interference in the first degree if: (a) The person: (i) Intentionally or knowingly violates a court order issued pursuant to chapter 586, or intentionally or knowingly takes, entices,…”
State v. Milne. ICA mem. op., filed 06/26/2020., 489 P.3d 433 (Haw. 2021).
“5 and 604-8, the court shall have exclusive original jurisdiction: (1) To try any offense committed against a child by the child’s parent or guardian or by any other person having the child’s legal or physical custody, and any violation of section 707-726, 707-727, 709-902,…”
State v. Munoz, 2006 NMSC 5 (N.M. 2006).
“03 (4) (2005) (requiring a reasonable belief); Haw.Rev.Stat. § 707-726(2) (1993) (requiring a good faith and reasonable belief); La.”
State v. Malave., 463 P.3d 998 (Haw. 2020).
“5 and 604-8, the court shall have exclusive original jurisdiction: (1) To try any offense committed against a child by the child’s parent or guardian or by any other person having the child’s legal or physical custody, and any violation of section 707-726, 707-727, 709-902, 709-…”
State v. Miyahira, 47 P.3d 754 (Haw. App. 2002).
“5 and 604-8, the [family] court shall have exclusive original jurisdiction: (1) To try any offense committed against a child by the child’s parent or guardian or by any other person having the child’s legal or physical custody, and any violation of section 707-726, 707-727,…”
State v. Malave, 146 Haw. 341 (Haw. 2020).
“5 and 604-8, the court shall have exclusive original jurisdiction: (1) To try any offense committed against a child by the child’s parent or guardian or by any other person having the child’s legal or physical custody, and any violation of section 707-726, 707-727, 709-902, 709-…”
— Haw. Rev. Stat. § 707-726(1) — 1 case
State v. Anzalone., 412 P.3d 951 (Haw. 2018).
“1 HRS § 707-726(1) (a) (2014) provides: (1) A person commits the offense of custodial interference in the first degree if: (a) The person: (i) Intentionally or knowingly violates a court order issued pursuant to chapter 586, or intentionally or knowingly takes, entices,…”
— Haw. Rev. Stat. § 707-726(1)(a) — 1 case
State v. Anzalone., 412 P.3d 951 (Haw. 2018).
“1 HRS § 707-726(1) (a) (2014) provides: (1) A person commits the offense of custodial interference in the first degree if: (a) The person: (i) Intentionally or knowingly violates a court order issued pursuant to chapter 586, or intentionally or knowingly takes, entices,…”
— Haw. Rev. Stat. § 707-726(2) — 1 case
State v. Munoz, 2006 NMSC 5 (N.M. 2006).
“03 (4) (2005) (requiring a reasonable belief); Haw.Rev.Stat. § 707-726(2) (1993) (requiring a good faith and reasonable belief); La.”
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