(1) A person is guilty of custodial interference when, knowing that he has no legal right to do so, he takes, entices or keeps from lawful custody any mentally disabled or other person entrusted by authority of law to the custody of another person or to an institution.
(2) It is a defense to custodial interference that the person taken from lawful custody was returned by the defendant voluntarily and before arrest or the issuance of a warrant for arrest.
(3) Custodial interference is a Class D felony unless the person taken from lawful custody is returned voluntarily by the defendant. Effective: July 13, 1984 History: Amended 1984 Ky. Acts ch. 79, sec. 1, effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 141, sec. 134, effective July 1, 1982. -- Created 1974 Ky. Acts ch. 406, sec. 79, effective January 1, 1975. Note: 1980 Ky. Acts ch. 396, sec. 146 would have amended this section effective July 1, 1982. However, 1980 Ky. Acts ch. 396 was repealed by 1982 Ky. Acts ch. 141, sec. 146, also effective July 1, 1982.
Notes of Decisions
Cited in
6
cases (
2 in the last 5 years), 1990–2023 · leading case:
Staples v. Commonwealth, 454 S.W.3d 803 (Ky. 2014).
Staples v. Commonwealth, 454 S.W.3d 803 (Ky. 2014).
· cites it 2× “In that regard, KRS 509.070 makes it a felony to interfere with another’s lawful custody.”
Sevier v. Commonwealth, 434 S.W.3d 443 (Ky. 2014).
“100 (actual custody); KRS 509.070 (lawful custody); KRS 156.730 (in loco parentis).”
Perkins v. Stewart, 799 S.W.2d 48 (Ky. Ct. App. 1990).
“You were charged with felonies under KRS 509.070, KRS 530.065, and KRS 502.020.”
Commonwealth of Kentucky v. Kayla Melton (Ky. 2023).
· cites it 4× “KRS 509.070 sets forth the elements of custodial interference as follows: (1) A person is guilty of custodial interference when, knowing that he has no legal right to do so, he takes, entices or keeps from 9 lawful custody any mentally disabled or other person entrusted by…”
Commonwealth of Kentucky v. Kayla Melton (Ky. Ct. App. 2021).
· cites it 2× “” KRS 509.070(1). “[T]he combined effect of the custodial interference statute and those prohibiting kidnapping and unlawful imprisonment makes ‘unlawful imprisonment and kidnapping inapplicable to situations involving the acquisition of control over another because of familial…”
Tindell v. Commonwealth, 244 S.W.3d 126 (Ky. Ct. App. 2008).
“064(2)(b); and custodial interference, KRS 509.070. The court initially set Tin-dell’s bond at $50,000.”
— Ky. Rev. Stat. § 509.070(1) — 2 cases
Commonwealth of Kentucky v. Kayla Melton (Ky. Ct. App. 2021).
“” KRS 509.070(1). “[T]he combined effect of the custodial interference statute and those prohibiting kidnapping and unlawful imprisonment makes ‘unlawful imprisonment and kidnapping inapplicable to situations involving the acquisition of control over another because of familial…”
Commonwealth of Kentucky v. Kayla Melton (Ky. 2023).
“KRS 509.070 sets forth the elements of custodial interference as follows: (1) A person is guilty of custodial interference when, knowing that he has no legal right to do so, he takes, entices or keeps from 9 lawful custody any mentally disabled or other person entrusted by…”
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