565.150. Interference with custody — penalty. — 1. A person commits the offense of interference with custody if, knowing that he or she has no legal right to do so, he or she takes or entices from legal custody any person entrusted by order of a court to the custody of another person or institution.
2. The offense of interference with custody is a class A misdemeanor unless the person taken or enticed away from legal custody is removed from this state, detained in another state or concealed, in which case it is a class E felony.
3. Upon a finding of guilt for an offense under this section, the court may, in addition to or in lieu of any sentence or fine imposed, assess as restitution against the defendant and in favor of the legal custodian or parent, any reasonable expenses incurred by the legal custodian or parent in searching for or returning the child.
Notes of Decisions
Cited in
17
cases (
2 in the last 5 years), 1982–2022 · leading case:
State v. Slavens, 190 S.W.3d 410 (Mo. Ct. App. 2006).
State v. Slavens, 190 S.W.3d 410 (Mo. Ct. App. 2006).
· cites it 18× “110 2 and the class D felony of interference with custody, in violation of Section 565.150, challenging, inter alia, the application of Section 565.”
State v. McClanahan, 954 S.W.2d 476 (Mo. Ct. App. 1997).
· cites it 12× “McClanahan, appeals from her conviction, by a jury, of interference with custody, § 565.150, RSMo 1994, and sentence of 90 days in jail.”
State v. Edmisten, 674 S.W.2d 576 (Mo. Ct. App. 1984).
· cites it 10× “The trial court found defendant guilty of the Class A misdemeanor of Interference With Custody in violation of § 565.150 RSMo 1979. It fined defendant $500.”
State of Missouri v. Cassi Danielle Licata, 501 S.W.3d 449 (Mo. Ct. App. 2016).
· cites it 6× “Karen King Mitchell, Judge Cassi Licata appeals, following a jury-trial, her conviction of the class D felony of interference with custody, § 565.150, 1 for which she was sentenced to nine months in the Ray County jail.”
State v. Richardson, 22 S.W.3d 753 (Mo. Ct. App. 2000).
· cites it 6× “The jury found defendant guilty of the class D felony of interference with custody, § 565.150, RSMo 1994. (All further reference shall be to RSMo 1994 unless noted).”
Ruffalo v. Civiletti, 539 F. Supp. 949 (W.D. Mo. 1982).
· cites it 5× “Federal Tort Claims Act For the argument that the defendants violated Missouri state law, plaintiff relies primarily on § 565.150 RSMo, which provides: A person commits the crime of interference with custody if, knowing that he has no legal right to do so, he takes or entices…”
State ex rel. Laws v. Higgins, 734 S.W.2d 274 (Mo. Ct. App. 1987).
· cites it 2× “"The drafters of the Uniform Child Custody Jurisdiction *280 Act (UCCJA) sought to discourage failure to return children after visitation." Schoeberlein v.”
Flores v. State, 186 S.W.3d 398 (Mo. Ct. App. 2006).
· cites it 2× “2 She was also charged with four counts of the class D felony of interference with custody in violation of Section 565.150. Movant pleaded guilty to all of the charges.”
Spier v. State, 174 S.W.3d 539 (Mo. Ct. App. 2005).
· cites it 2× “2000, 1 and four counts of interference with custody, in violation of section 565.150. As acknowledged by the movant at the plea hearing, the charges stemmed from the movant’s actions of March 31, 2003, when he got into a car with a Ms.”
Reding v. Reding, 836 S.W.2d 37 (Mo. Ct. App. 1992).
· cites it 2× “Theda related she entered a plea of guilty to a felony charge of “Interference with Custody” (presumably in violation of § 565.150, RSMo 1986) arising from her New Mexico jaunt with Chrystal.”
Geiler v. State, 921 S.W.2d 74 (Mo. Ct. App. 1996).
· cites it 3× “In Edmisten , we affirmed a conviction and sentence of a noncustodial parent charged with violating § 565.150 RSMo1979, Interference With Custody.”
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