Conn. Gen. Stat. 53a‑98 – Custodial Interference in the Second Degree

Connecticut General Statutes 53a‑98 explained for non lawyers

1. What the law prohibits

You commit custodial interference in the second degree when, knowing you have no legal right to do so, any of the following apply: You are a relative of a child under 16 and take or entice that child from their lawful custodian, intending to hold them permanently or for a long period of time. You take or entice from lawful custody any incompetent person or any person entrusted by law to another’s custody. You hold, keep or refuse to return a child under 16 to their lawful custodian after the custodian has requested the child’s return.

2. What the penalties are if someone is convicted

• This is a Class A misdemeanor.
• You could face up to 1 year in jail and possible probation

3. What the state has to prove to convict someone (Elements of the offense)

Prosecutors must prove all of these beyond a reasonable doubt:

1. The defendant took, enticed, held or refused to return a child under 16 or an incompetent person,
2. The defendant knew they had no legal right to do so,
3. At least one of the three circumstances listed above applied.

For the actual statute, you can visit Justia which has the actual law on its website.

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