1. A person does not commit false imprisonment under section 565.130 if the person restrained is a child under the age of seventeen and
- (1) A parent, guardian or other person responsible for the general supervision of the child's welfare has consented to the restraint; or
(2) The actor is a relative of the child; and
- (a) The actor's sole purpose is to assume control of the child; and
- (b) The child is not taken out of the state of Missouri.
- 2. For the purpose of this section, "relative" means a parent or stepparent, ancestor, sibling, uncle or aunt, including an adoptive relative of the same degree through marriage or adoption.
- 3. The defendant shall have the burden of injecting the issue of a defense under this section.
(L. 1977 S.B. 60)
Effective 1-01-79
*This section was amended by S.B. 491, 2014, effective 1-01-17. Due to the delayed effective date, both versions of this section are printed here.