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Minnesota Criminal Justice Statute Service
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609.26.1(5)
Statute ID:
831
Statute Function ID:
946
Deprive-Cust/Parent Rights-Retain Child This State
In Effect
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Function Details
History
Text
Charge
Classifications
Offense Level:
Felony (F)
General Offense Code:
Person (1)
Offense Summary Code & Rank:
Crimes Against Family (I) (Rank 16)
Detailed Offense Code:
Deprive Custodial Rights (132)
Offense Severity Level:
Function Text:
UCR Code
Description
100
Kidnapping/Abduction
Flags
Crime of Violence:
No
Targeted Misdemeanor:
No
Predatory Offender Registration Review:
No
Enhanceable:
No
Certify to DPS:
No
Report to DNR:
No
DPS Group:
No
Conditional Release:
No
Payable:
No
Petty Misdemeanor Only if Prosecutor Certifies:
No
Third Violation Indicator:
No
Qualified Domestic Violence Related:
No
Nonviolent Controlled Substance Offender Review:
No
Wildlife Restitution:
No
Statute Number:
609.26.1(5)
Enactment Date:
Jan 1, 1859
Effective Date:
Jul 1, 1963
Expiration Date:
Repealed?:
No
Summary Text:
Deprive-Cust/Parent Rights-Retain Child This State
Statute ID:
831
Created:
Sep 1, 2006 by mnjis.legal.analyst@state.mn.us
Updated:
Jun 26, 2015 by mnjis.legal.analyst@state.mn.us
Last Update Action:
System
Legal Analyst Comment:
Summary Text:
Deprive-Cust/Parent Rights-Retain Child This State
Link to MN Statute Text:
https://www.revisor.leg.state.mn.us/stats/609/26.html
Legislative Session:
0 - NA
Session Law Text?:
No
Statute text last updated on:
Sep 1, 2006
Whoever intentionally does any of the following acts may be charged with a felony and, upon conviction, may be sentenced as provided in subdivision 6: (1) conceals a minor child from the child's parent where the action manifests an intent substantially to deprive that parent of parental rights or conceals a minor child from another person having the right to parenting time or custody where the action manifests an intent to substantially deprive that person of rights to parenting time or custody; (2) takes, obtains, retains, or fails to return a minor child in violation of a court order which has transferred legal custody under chapter 260, 260B, or 260C to the commissioner of human services, a child-placing agency, or the local social services agency; (3) takes, obtains, retains, or fails to return a minor child from or to the parent in violation of a court order, where the action manifests an intent substantially to deprive that parent of rights to parenting time or custody; (4) takes, obtains, retains, or fails to return a minor child from or to a parent after commencement of an action relating to child parenting time or custody but prior to the issuance of an order determining custody or parenting time rights, where the action manifests an intent substantially to deprive that parent of parental rights; (5) retains a child in this state with the knowledge that the child was removed from another state in violation of any of the above provisions; (6) refuses to return a minor child to a parent or lawful custodian and is at least 18 years old and more than 24 months older than the child; (7) causes or contributes to a child being a habitual truant as defined in section 260C.007, subdivision 19, and is at least 18 years old and more than 24 months older than the child; (8) causes or contributes to a child being a runaway as defined in section 260C.007, subdivision 28, and is at least 18 years old and more than 24 months older than the child; or (9) is at least 18 years old and resides with a minor under the age of 16 without the consent of the minor's parent or lawful custodian.
