565.160. Defenses to parental kidnapping and child abduction. - Missouri Statutes

Defenses to parental kidnapping and child abduction.

565.160. It shall be an absolute defense to the crimes ofparental kidnapping and child abduction that:

(1) The person had custody of the child pursuant to a validcourt order granting legal custody or visitation rights whichexisted at the time of the alleged violation, except that thisdefense is not available to persons charged with child abductionunder subdivision (5) of subsection 1 of section 565.156;

(2) The person had physical custody of the child pursuant toa court order granting legal custody or visitation rights andfailed to return the child as a result of circumstances beyondhis or her control, and the person notified or made a reasonableattempt to notify the other parent or legal custodian of thechild of such circumstances within twenty-four hours after thevisitation period had expired and returned the child as soon aspossible; or

(3) The person was fleeing an incident or pattern ofdomestic violence.

(L. 1988 H.B. 1272, et al. § 4)