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609.26
Statute ID:
825
Deprive Another of Custodial/Parental Rights
In Effect
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Function Details
History
Text
Details are only available for Penalty and Charging Statutes.
Statute Number:
609.26
Enactment Date:
Jan 1, 1859
Effective Date:
Jan 1, 1859
Expiration Date:
Repealed?:
No
Summary Text:
Deprive Another of Custodial/Parental Rights
Statute ID:
825
Created:
Sep 1, 2006 by mnjis.legal.analyst@state.mn.us
Updated:
Sep 1, 2006 by mnjis.legal.analyst@state.mn.us
Last Update Action:
System
Legal Analyst Comment:
Summary Text:
Deprive Another of Custodial/Parental Rights
Link to MN Statute Text:
https://www.revisor.leg.state.mn.us/stats/609/26.html
Legislative Session:
2005 - NA
Session Law Text?:
No
Statute text last updated on:
Sep 1, 2006
Subd. 7. Any violation of this section shall be reported pursuant to section 260E.11, subdivision 2. Subdivision 1. 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. Subd. 6. (a) Except as otherwise provided in paragraph (b) and subdivision 5, whoever violates this section may be sentenced as follows: (1) to imprisonment for not more than two years or to payment of a fine of not more than $4,000, or both; or (2) to imprisonment for not more than four years or to payment of a fine of not more than $8,000, or both, if the court finds that: (i) the defendant committed the violation while possessing a dangerous weapon or caused substantial bodily harm to effect the taking; (ii) the defendant abused or neglected the child during the concealment, detention, or removal of the child; (iii) the defendant inflicted or threatened to inflict physical harm on a parent or lawful custodian of the child or on the child with intent to cause the parent or lawful custodian to discontinue criminal prosecution; (iv) the defendant demanded payment in exchange for return of the child or demanded to be relieved of the financial or legal obligation to support the child in exchange for return of the child; or (v) the defendant has previously been convicted under this section or a similar statute of another jurisdiction. (b) A violation of subdivision 1, clause (7), is a gross misdemeanor. The county attorney shall prosecute violations of subdivision 1, clause (7).
