18.2-49.1 - Violation of court order regarding custody and visitation; penalty. - Virginia Statutes

§ 18.2-49.1. Violation of court order regarding custody and visitation;penalty.

A. Any person who knowingly, wrongfully and intentionally withholds a childfrom either of a child's parents or other legal guardian in a clear andsignificant violation of a court order respecting the custody or visitationof such child, provided such child is withheld outside of the Commonwealth,is guilty of a Class 6 felony.

B. Any person who knowingly, wrongfully and intentionally engages in conductthat constitutes a clear and significant violation of a court orderrespecting the custody or visitation of a child is guilty of a Class 3misdemeanor upon conviction of a first offense. Any person who commits asecond violation of this section within 12 months of a first conviction isguilty of a Class 2 misdemeanor, and any person who commits a third violationoccurring within 24 months of the first conviction is guilty of a Class 1misdemeanor.

(1987, c. 704; 1989, c. 486; 1994, c. 575; 2002, cc. 576, 596; 2003, c. 261.)