Neb. Rev. Stat. » Chapter 28
Nebraska Revised Statutes

Neb. Rev. Stat. § 28-316 (2026)

Violation of custody; penalty

✓ current as of July 2026
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(1) Any person, including a natural or foster parent, who, knowing that he has no legal right to do so or, heedless in that regard, takes or entices any child under the age of eighteen years from the custody of its parent having legal custody, guardian, or other lawful custodian commits the offense of violation of custody.

(2) Except as provided in subsection (3) of this section, violation of custody is a Class II misdemeanor.

(3) Violation of custody in contravention of an order of any district or juvenile court of this state granting the custody of a child under the age of eighteen years to any person, agency, or institution, with the intent to deprive the lawful custodian of the custody of such child, is a Class IV felony.

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1991–2022 · leading case: Ashby v. State, 779 N.W.2d 343 (Neb. 2010).
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Ashby v. State, 779 N.W.2d 343 (Neb. 2010). · cites it 2× “Also, Neb.Rev.Stat. § 28-316 (Reissue 2008) provides a criminal sanction for interfering with a legal guardian's custody of a minor child.”
State v. Hird, 476 N.W.2d 229 (Neb. 1991). · cites it 3× “§ 28-711 (1) (Reissue 1985); and interfering with custody, in violation of Neb. Rev. Stat. § 28-316 (1) (Reissue 1989).”
State v. Red Feather (Neb. Ct. App. 2019). · cites it 8× “Under § 28-316(1): Any person, including a natural or foster parent, who, knowing that he has no legal right to do so or, heedless in that regard, takes or entices any child under the age of eighteen years from the custody of its parent having legal custody, guardian, or other…”
State v. Avitso (Neb. Ct. App. 2022). “mber 1, 2019, the statutory definition of sexual penetration has since been amended as follows: sexual intercourse in its ordinary meaning, cunnilingus, fellatio, anal intercourse, or any intrusion, however slight, of any part of the actor’s or victim’s body or any object…”
— Neb. Rev. Stat. § 28-316(1) — 2 cases
State v. Red Feather (Neb. Ct. App. 2019). “Under § 28-316(1): Any person, including a natural or foster parent, who, knowing that he has no legal right to do so or, heedless in that regard, takes or entices any child under the age of eighteen years from the custody of its parent having legal custody, guardian, or other…”
State v. Hird, 476 N.W.2d 229 (Neb. 1991). “§ 28-711 (1) (Reissue 1985); and interfering with custody, in violation of Neb. Rev. Stat. § 28-316 (1) (Reissue 1989).”
— Neb. Rev. Stat. § 28-316(3) — 1 case
State v. Red Feather (Neb. Ct. App. 2019). “Under § 28-316(1): Any person, including a natural or foster parent, who, knowing that he has no legal right to do so or, heedless in that regard, takes or entices any child under the age of eighteen years from the custody of its parent having legal custody, guardian, or other…”
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