565.153. Parental kidnapping — penalty. — 1. In the absence of a court order determining rights of custody or visitation to a child, a person having a right of custody of the child commits the offense of parental kidnapping if he or she removes, takes, detains, conceals, or entices away that child within or without the state, without good cause, and with the intent to deprive the custody right of another person or a public agency also having a custody right to that child.
2. Parental kidnapping is a class E felony, unless committed by detaining or concealing the whereabouts of the child for:
(1) Not less than sixty days but not longer than one hundred nineteen days, in which case, the offense is a class D felony;
(2) Not less than one hundred twenty days, in which case, the offense is a class B felony.
3. A subsequently obtained court order for custody or visitation shall not affect the application of this section.
4. 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
5
cases (
1 in the last 5 years), 2006–2024 · leading case:
State v. Porter, 241 S.W.3d 385 (Mo. Ct. App. 2007).
State v. Porter, 241 S.W.3d 385 (Mo. Ct. App. 2007).
· cites it 20× “1 He was also convicted of two counts of parental kidnapping in violation of section 565.153 for refusing to return the children after the weekend visitation.”
State v. Slavens, 190 S.W.3d 410 (Mo. Ct. App. 2006).
· cites it 2× “Most notably Section 565.153, entitled Parental kidnapping which states: In the absence of a court order determining rights of custody or visitation to a child, a person having a right of custody of the child commits the crime of parental kidnapping if he removes, takes,…”
State of Missouri v. Christopher L. Paschall, 606 S.W.3d 653 (Mo. Ct. App. 2020).
· cites it 2× “These six charges were based upon allegations that: (1) Defendant knowingly shot and killed Casey Brace, the mother of his two children (Mother); (2) Defendant knowingly shot and killed Mother’s grandfather, Herbert Townsend (Grandfather); and (3) Defendant kidnapped his…”
Chapman v. Stanton, No. 2:24-cv-00020 (E.D. Mo. May 2, 2024).
· cites it 2× “060, child kidnapping, parental kidnapping committed by detaining or concealing the whereabouts of the child for not less than one hundred twenty days under section 565.153, and an "intoxication-related traffic offense" or "intoxication-related boating offense" if the person is…”
Truax v. Frawley, No. 4:20-cv-00391 (E.D. Mo. June 26, 2020).
“111 and § 565.153. -2- For relief, Plaintiff asks for the state court judgment to be reversed, the child brought back to Missouri to live with Plaintiff, and to have Defendants “punished legally and financial compensation to mother and child for their wrongful behavior and…”
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