§ 2904. Interference with custody of children.
(a) Offense defined.--A person commits an offense if he knowingly or recklessly takes or entices any child
under the age of 18 years from the custody of its parent, guardian or other lawful
custodian, when he has no privilege to do so.
(b) Defenses.--It is a defense that:
(1) the actor believed that his action was necessary to preserve the child from danger
to its welfare; or
(2) the child, being at the time not less than 14 years old, was taken away at its own
instigation without enticement and without purpose to commit a criminal offense with
or against the child; or
(3) the actor is the child's parent or guardian or other lawful custodian and is not acting
contrary to an order entered by a court of competent jurisdiction.
(c) Grading.--The offense is a felony of the third degree unless:
(1) the actor, not being a parent or person in equivalent relation to the child, acted
with knowledge that his conduct would cause serious alarm for the safety of the child,
or in reckless disregard of a likelihood of causing such alarm. In such cases, the
offense shall be a felony of the second degree; or
(2) the actor acted with good cause for a period of time not in excess of 24 hours; and
(i) the victim child is the subject of a valid order of custody issued by a court of this
Commonwealth;
(ii) the actor has been given either partial custody or visitation rights under said order;
and
(iii) the actor is a resident of this Commonwealth and does not remove the child from the
Commonwealth.
In such cases, the offense shall be a misdemeanor of the second degree.
(July 9, 1984, P.L.661, No.138, eff. imd.)
1984 Amendment. Act 138 amended subsec. (c).
Cross References. Section 2904 is referred to in sections 5329, 6108 of Title 23 (Domestic Relations);
section 9799.14 of Title 42 (Judiciary and Judicial Procedure).
Notes of Decisions
Cited in
52
cases (
13 in the last 5 years), 1980–2026 · leading case:
Commonwealth v. Stewart, 543 A.2d 572 (Pa. 1988).
Commonwealth v. Stewart, 543 A.2d 572 (Pa. 1988).
· cites it 20× “18 Pa.C.S. § 2904 (emphasis added). Appellant argues, inter alia, that he is entitled to have the judgment of *484 sentence imposed on him arrested because the order of February 6, 1981, granting custody of Bugsy to Bonnie Stewart was not "an order entered by a court of…”
Commonwealth v. Harner, 617 A.2d 702 (Pa. 1992).
· cites it 3× “nt and the Commonwealth sought further review in this Court and we granted their petitions for allowance of appeal to determine if the trial *17 court exceeded its authority in directing one parent to reimburse another parent the expenses incurred for attorneys, lodging, travel…”
Snyder v. Snyder, 629 A.2d 977 (Pa. Super. Ct. 1993).
· cites it 2× “A defendant shall not be granted custody or partial custody where it is alleged in the petition, and the court finds after a hearing under this chapter, that the defendant abused the minor children of the parties or where the defendant has been convicted of violating 18 Pa.C.S.…”
In the Int of: T.M., Appeal of: T.M., 239 A.3d 193 (Pa. Super. Ct. 2020).
· cites it 2× “Interference with custody of children, 18 Pa.C.S. § 2904(a), requires that the charged defendant ‘knowingly or recklessly’ takes a child from the custody of its lawful custodian.”
Commonwealth v. Anthony, 717 A.2d 1015 (Pa. 1998).
· cites it 2× “NOTES [1] See: 18 Pa.C.S. § 2904; 18 Pa.C.S. § 6301; and 18 Pa.”
Valentine v. Wroten, 580 A.2d 757 (Pa. 1990).
· cites it 2× “[custody may not be awarded when he] has been convicted of violating 18 Pa.C.S. § 2904 (relating to interference with custody of children) within two .”
Commonwealth v. Reed, 990 A.2d 1158 (Pa. 2010).
“See 18 Pa.C.S. § 2904(a) (“A person commits an offense if he knowingly or recklessly takes or entices any child under the age of 18 years from the custody of its parent, guardian or other lawful custodian, when he has no privilege to do so.”
Fatemi v. Fatemi, 537 A.2d 840 (Pa. 1988).
· cites it 2× “This is particularly so in view of the fact that by violating the conditions of the custody Order, appellant is subject to prosecution for violating 18 Pa.C.S. § 2904, Interference with Custody of Children.”
Commonwealth v. Muniz, J., Aplt., 164 A.3d 1189 (Pa. 2017).
· cites it 7× “§2903(b) (relating to false imprisonment); 18 Pa.C.S. §2904 (relating to interference with custody of children); 18 Pa.”
Commonwealth v. Harner, 587 A.2d 347 (Pa. Super. Ct. 1991).
· cites it 4× “Mother pleaded guilty to two counts of interference with custody of children, 18 Pa.C.S. § 2904. The charges *483 stemmed from her having taken her two children, in June 1989, and having returned to her home in Louisiana in violation of an existing Dauphin County custody order.”
Commonwealth v. Gallagher, 874 A.2d 49 (Pa. Super. Ct. 2005).
· cites it 2× “[8] It also contrasts with the fact that two other offenses in the same Chapter of the Crimes Code do expressly define or set forth age parameters while utilizing the term "child," 18 Pa.C.S § 2904 (interference with the custody of children), and 18 Pa.”
— 18 Pa. Cons. Stat. § 2904(a) — 34 cases
Commonwealth v. Harner, 617 A.2d 702 (Pa. 1992).
“nt and the Commonwealth sought further review in this Court and we granted their petitions for allowance of appeal to determine if the trial *17 court exceeded its authority in directing one parent to reimburse another parent the expenses incurred for attorneys, lodging, travel…”
In the Int of: T.M., Appeal of: T.M., 239 A.3d 193 (Pa. Super. Ct. 2020).
“Interference with custody of children, 18 Pa.C.S. § 2904(a), requires that the charged defendant ‘knowingly or recklessly’ takes a child from the custody of its lawful custodian.”
Commonwealth v. Stewart, 543 A.2d 572 (Pa. 1988).
“18 Pa.C.S. § 2904 (emphasis added). Appellant argues, inter alia, that he is entitled to have the judgment of *484 sentence imposed on him arrested because the order of February 6, 1981, granting custody of Bugsy to Bonnie Stewart was not "an order entered by a court of…”
Commonwealth v. Reed, 990 A.2d 1158 (Pa. 2010).
“See 18 Pa.C.S. § 2904(a) (“A person commits an offense if he knowingly or recklessly takes or entices any child under the age of 18 years from the custody of its parent, guardian or other lawful custodian, when he has no privilege to do so.”
— 18 Pa. Cons. Stat. § 2904(b) — 1 case
— 18 Pa. Cons. Stat. § 2904(b)(1) — 3 cases
— 18 Pa. Cons. Stat. § 2904(b)(2) — 1 case
— 18 Pa. Cons. Stat. § 2904(b)(3) — 1 case
Commonwealth v. Stewart, 543 A.2d 572 (Pa. 1988).
“18 Pa.C.S. § 2904 (emphasis added). Appellant argues, inter alia, that he is entitled to have the judgment of *484 sentence imposed on him arrested because the order of February 6, 1981, granting custody of Bugsy to Bonnie Stewart was not "an order entered by a court of…”
— 18 Pa. Cons. Stat. § 2904(c) — 2 cases
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