Under MCA §45-5-304, a person commits the offense of “custodial interference” if, knowing that he/she has no legal right to do so, takes, entices, or withholds from lawful custody any child, incompetent person, or other person entrusted by authority of law to the custody of another or to an institution.
The court in State v. Price, 311 Mont. 439, 57 P3d 42 (2002), provided a discussion of venue and constitutionality issues with respect to this statute. The courts have recognized that the following elements must be proven at trial for a prosecution of “custodial interference”:
The Defendant took, enticed or withheld from lawful custody from another person; and
That the person taken was a child, an incompetent person, a person entrusted by authority of law to the custody of another person or institution; and
That the Defendant knew, that is, that the Defendant was aware, that he/she had no legal right to do so.
The jury instruction for custodian interference can be found at MCJI 5-121. Also, limitations for charging or prosecuting this offense can be found in MCA §45-5-304(3).
Finding an Attorney for “Custodial Interference” in Helena, Montana
If you were accused of domestic violence or custodial interference in Montana, then contact an experienced criminal defense attorney with offices in Helena, Montana, in Lewis and Clark County. He is experienced in fighting cases in the surrounding areas including Boulder in Jefferson County and the surrounding areas including Teton County, Cascade County, Meagher County, Broadwater County, Powell County and Flathead County.
Greg Beebe’s offices are conveniently located at 1085 Helena Avenue in Helena, Montana, between Idaho Avenue and North Dakota Avenue. Call Beebe Law Firm at (406) 442-3300 to set up a free and confidential consultation to discuss your case. Greg Beebe can begin your defense for custodial interference or related charges for domestic violence today.