13-1310. Abduction of child from a state agency; classification; definition
A. A person commits abduction of a child from a state agency if, knowing or having reason to know that a child is entrusted by authority of law to the custody of a state agency, the person does either of the following:
1. Takes, entices or keeps the child from the lawful custody of the state agency.
2. Intentionally fails or refuses to immediately return or impedes the immediate return of a child to the lawful custody of the state agency, including at the expiration of visitation or access.
B. A violation of subsection A, paragraph 2 of this section is a class 5 felony. A violation of subsection A, paragraph 1 of this section is:
1. A class 3 felony if the child is taken, enticed or kept from the lawful custody of the state agency and is taken outside of this state.
2. A class 4 felony if the child is taken, enticed or kept from the lawful custody of the state agency but the child remains in this state at all times.
3. A class 6 felony if the person voluntarily returns the child without physical injury not later than forty-eight hours after the person takes, entices or keeps the child from the lawful custody of the state agency.
C. For the purposes of this section, " state agency" means the department of child safety or the department of juvenile corrections.
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