- A. Any parent or other person who violates an order of any court of this state granting the custody of a child under the age of eighteen (18) years of age to any person, agency, institution, or other facility, wit the intent to deprive the lawful custodian of the custody of the child, shall be guilty of a felony. The fine for a violation of this subsection shall not exceed Five thousand Dollars ($5,000.00).
- B. The offender shall have an affirmative defense if the offender reasonably believes that the act was necessary to preserve the child from physical, mental, or emotional danger to the child's welfare and the offender notifies the local law enforcement agency nearest to the location where the custodian of the child resides.
- C. If a child is removed from the custody of the child's lawful custodian pursuant to the provisions of this section any law enforcement officer may take the child into custody without a court order and, unless there is a specific court order directing a law enforcement officer to take the child into custody and release or return the child to a lawful custodian, the child shall be held in emergency or protective custody pursuant to the provisions of Section 7003-2.1 of Title 10 of the Oklahoma Statutes.
Laws 1999, SB 278, c. 385, § 1, emerg. eff. June 8, 1999.