§ 11-26-1.1 - Childsnatching. - Rhode Island Statutes

SECTION 11-26-1.1

   § 11-26-1.1  Childsnatching. – (a) Any person who intentionally removes, causes the removal of, or detains anychild under the age of eighteen (18) years, whether within or without the stateof Rhode Island, with intent to deny another person's right of custody under anexisting decree or order of the family court, shall be guilty of a felony, and,upon conviction, shall be punished by imprisonment for a term not more than two(2) years, or a fine of not more than ten thousand dollars ($10,000), or both.

   (b) It shall be an affirmative defense that:

   (1) The person at the time of the alleged violation hadlawful custody of the child pursuant to a court order granting legal custody orvisitation rights;

   (2) The person had physical custody of the child pursuant toa court order granting legal custody or visitation rights and failed to returnthe child as a result of circumstances beyond his or her control, and theperson notified and disclosed to the other parent or legal custodian thespecific whereabouts of the child and a means by which the child could becontacted or made a reasonable attempt to notify the other parent or lawfulcustodian of the child of the circumstances and made that disclosure withintwenty-four (24) hours after the visitation period had expired and returned thechild as soon as possible; or

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