Tennessee Code Annotated
Tenn. Code Ann. § 39-13-306 (2026)
Custodial interference
✓ current as of May 2026
- (a) It is the offense of custodial interference for a natural or adoptive parent, step-parent, grandparent, brother, sister, aunt, uncle, niece, or nephew of a child younger than eighteen (18) years of age to:
- (1) Remove the child from this state knowing that the removal violates a child custody determination as defined in § 36-6-205, the rightful custody of a mother as defined in § 36-2-303, or a temporary or permanent judgment or court order regarding the custody or care of the child;
- (2) Detain the child within this state or remove the child from this state after the expiration of the noncustodial natural or adoptive parent or guardian's lawful period of visitation, with the intent to violate the rightful custody of a mother as defined in § 36-2-303, or a temporary or permanent judgment or a court order regarding the custody or care of the child;
- (3) Harbor or hide the child within or outside this state, knowing that possession of the child was unlawfully obtained by another person in violation of the rightful custody of a mother as defined in § 36-2-303, or a temporary or permanent judgment or a court order;
- (4) Act as an accessory to any act prohibited by this section;
- (5) Detain the child within or remove the child from this state during the noncustodial parent's lawful period of visitation, with the intent to violate the court-ordered visitation of the noncustodial parent, or a temporary or permanent judgment regarding visitation with the child; or
- (6) Harbor or hide the child within or outside this state, knowing that the child has been placed in the custody of the department of children's services pursuant to a protective custody order or an emergency custody order entered by a court. It is not a defense to a violation of this subdivision (a)(6) that the person harboring or hiding the child has not been served with an actual copy of a protective custody order or emergency custody order.
- (b) It is also the offense of custodial interference for a natural or adoptive parent, step-parent, grandparent, brother, sister, aunt, uncle, niece, or nephew of an incompetent person to:
- (1) Remove the incompetent person from this state knowing that the removal violates a temporary or permanent judgment or a court order regarding the custody or care of the incompetent person;
- (2) Harbor or hide the incompetent person within or outside this state, knowing that possession of the incompetent person was unlawfully obtained by another person in violation of a temporary or permanent judgment or a court order; or
- (3) Act as an accessory to any act prohibited by this section.
- (c) It is a defense to custodial interference:
- (1) That the person who removed the child or incompetent person reasonably believed that, at the time the child or incompetent was removed, the failure to remove the child or incompetent person would have resulted in a clear and present danger to the health, safety, or welfare of the child or incompetent person; or
- (2) That the individual detained or moved in contravention of the rightful custody of a mother as defined in § 36-2-303, or of the order of custody or care, was returned by the defendant voluntarily and before arrest or the issuance of a warrant for arrest.
- (d) If conduct that is in violation of this section is also a violation of § 39-13-304 or § 39-13-305(a)(1), (a)(3), or (a)(4), the offense may be prosecuted under any of the applicable statutes.
- (e)
- (1) Except as provided in subdivision (e)(2), custodial interference is a Class E felony, unless the person taken from lawful custody is returned voluntarily by the defendant, in which case custodial interference is a Class A misdemeanor.
- (2) Custodial interference under subdivision (a)(5) is a Class C misdemeanor.
Amended by 2023 Tenn. Acts, ch. 286, s 1, eff. 7/1/2023.
Amended by 2016 Tenn. Acts, ch. 725, s 2, eff. 7/1/2016.
Amended by 2016 Tenn. Acts, ch. 725, s 1, eff. 7/1/2016.
Acts 1989, ch. 591, § 1; T.C.A., § 39-13-304; Acts 1990, ch. 982, § 1; 2004, ch. 834, § 1.
Notes of Decisions
Cited in 18
cases (6 in the last 5 years), 1995–2026 · leading case: State v. Williams, 914 S.W.2d 940 (Tenn. Crim. App. 1995).
State v. Williams, 914 S.W.2d 940 (Tenn. Crim. App. 1995). “” Tenn.Code Ann. § 39-13-306(a). The evidence is sufficient to support the jury’s verdict that each element had been proven beyond a reasonable doubt.”
Rashe Moore v. State of Tennessee, 485 S.W.3d 411 (Tenn. 2016). “]” Tenn.Code Ann. § 39-13-306(a)(1) (1997). Aggravated kidnapping is false imprisonment “[w]hile the defendant is in possession of a deadly weapon or threatens the use of a deadly weapon.”
State v. Banks, 271 S.W.3d 90 (Tenn. 2008). “§ 39-13-306 (2006), we have thoroughly reviewed the record in this case and have determined (1) that the defendant’s death sentence was not imposed in an arbitrary fashion, (2) that the evidence fully supports the aggravating circumstances in Tenn.”
State v. Goodman, 90 S.W.3d 557 (Tenn. 2002). “See Tenn.Code Ann. § 39-13-306(c) (stating that where the only aggravating factor is the age of the victim, the offense shall be prosecuted as custodial interference).”
Connie Reguli v. Lori Russ, 109 F.4th 874 (6th Cir. 2024). “]” Tenn. Code Ann. § 39-13-306 (a)(2) (emphasis added).”
Monroe v. McNairy Cnty., 850 F. Supp. 2d 848 (W.D. Tenn. 2012). “§ 39-13-306 makes it a class E felony for a parent to “[d]etain [a] child within this state .”
Lisa Lynn Odom v. Claiborne Cnty., Tennessee, 498 S.W.3d 882 (Tenn. Ct. App. 2016). “§ 39-13-306 (2010): The affidavit of complaint states as follows: Affiant, Sgt.”
State of Tennessee v. Shirley Spina, 99 S.W.3d 596 (Tenn. Crim. App. 2002). “Tennessee Code Annotated section 39-13-306(a) provides, in pertinent part, that [i]t is the offense of custodial interference for a natural or adoptive parent .”
State of Tennessee v. Connie Reguli (Tenn. Crim. App. 2024). “See Tenn. Code Ann. § 39-13-306 (a)(1)-(5) (2018).”
Reguli v. Hetzel (M.D. Tenn. 2025). “¶ 82 (quoting Tenn. Code Ann. § 39-13-306 (a)(2) (2016)).”
State of Tennessee v. Tanyawa Sallie (Tenn. Crim. App. 2016). “Tenn. Code Ann. § 39-13-306 (a)(2), (c), (e) (2014).”
State of Tennessee v. Lisa Renea Smith (Tenn. Crim. App. 2010). “” Tenn. Code Ann. § 39-13-306 (a)(1) (emphasis added).”
— Tenn. Code Ann. § 39-13-306(a) — 2 cases
State v. Williams, 914 S.W.2d 940 (Tenn. Crim. App. 1995). “” Tenn.Code Ann. § 39-13-306(a). The evidence is sufficient to support the jury’s verdict that each element had been proven beyond a reasonable doubt.”
State of Tennessee v. Shirley Spina, 99 S.W.3d 596 (Tenn. Crim. App. 2002). “Tennessee Code Annotated section 39-13-306(a) provides, in pertinent part, that [i]t is the offense of custodial interference for a natural or adoptive parent .”
— Tenn. Code Ann. § 39-13-306(a)(1) — 2 cases
Rashe Moore v. State of Tennessee, 485 S.W.3d 411 (Tenn. 2016). “]” Tenn.Code Ann. § 39-13-306(a)(1) (1997). Aggravated kidnapping is false imprisonment “[w]hile the defendant is in possession of a deadly weapon or threatens the use of a deadly weapon.”
State of Tennessee v. Lisa Renea Smith (Tenn. Crim. App. 2010). “” Tenn. Code Ann. § 39-13-306 (a)(1) (emphasis added).”
— Tenn. Code Ann. § 39-13-306(a)(2) — 2 cases
Monroe v. McNairy Cnty., 850 F. Supp. 2d 848 (W.D. Tenn. 2012). “§ 39-13-306 makes it a class E felony for a parent to “[d]etain [a] child within this state .”
State of Tennessee v. Connie Reguli (Tenn. Crim. App. 2024). “See Tenn. Code Ann. § 39-13-306 (a)(1)-(5) (2018).”
— Tenn. Code Ann. § 39-13-306(b) — 1 case
State v. Williams, 914 S.W.2d 940 (Tenn. Crim. App. 1995). “” Tenn.Code Ann. § 39-13-306(a). The evidence is sufficient to support the jury’s verdict that each element had been proven beyond a reasonable doubt.”
— Tenn. Code Ann. § 39-13-306(c) — 1 case
State v. Goodman, 90 S.W.3d 557 (Tenn. 2002). “See Tenn.Code Ann. § 39-13-306(c) (stating that where the only aggravating factor is the age of the victim, the offense shall be prosecuted as custodial interference).”
— Tenn. Code Ann. § 39-13-306(c)(2) — 1 case
State of Tennessee v. Connie Reguli (Tenn. Crim. App. 2024). “See Tenn. Code Ann. § 39-13-306 (a)(1)-(5) (2018).”
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