AN ACT Relating to
custodial interference; amending RCW 9A.40.060 and 26.09.165; and prescribing
penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1.
RCW 9A.40.060 and 1984 c 95 s 1 are each amended to read as follows:
(1) A relative of a child under the age of
eighteen or of an incompetent person is guilty of custodial interference in the
first degree if, with the intent to deny access to the child or incompetent
person by a parent, guardian, institution, agency, or other person having a
lawful right to physical custody of such person, the relative takes, entices,
retains, detains, or conceals the child or incompetent person from a parent,
guardian, institution, agency, or other person having a lawful right to
physical custody of such person and:
(a) Intends to hold the child or incompetent
person permanently or for a protracted period; or
(b) Exposes the child or incompetent person
to a substantial risk of illness or physical injury; or
(c) Causes the child or incompetent person to
be removed from the state of usual residence; or
(d) Retains, detains, or conceals the child
or incompetent person in another state after expiration of any authorized visitation
period with intent to intimidate or harass a parent, guardian, institution,
agency, or other person having lawful right to physical custody or to prevent a
parent, guardian, institution, agency, or other person with lawful right to
physical custody from regaining custody.
(2) A parent of a child is guilty of
custodial interference in the first degree if the parent takes, entices,
retains, detains, or conceals the child, with the intent to deny access, from
the other parent having the lawful right to time with the child pursuant to a
court-ordered parenting plan, and:
(a) Intends to hold the child permanently
or for a protracted period; or
(b) Exposes the child to a substantial
risk or illness or physical injury; or
(c) Causes the child to be removed from
the state of usual residence.
(3) A parent or other person acting
under the directions of the parent is guilty of custodial interference in the
first degree if the parent or other person intentionally takes, entices,
retains, or conceals a child, under the age of eighteen years and for whom no
lawful custody order or parenting plan has been entered by a court of
competent jurisdiction, from the other parent with intent to deprive the other
parent from access to the child permanently or for a protracted period.
(((3))) (4) Custodial
interference in the first degree is a class C felony.
Sec. 2.
RCW 26.09.165 and 1989 c 318 s 4 are each amended to read as follows:
All court orders containing parenting plan
provisions or orders of contempt, entered pursuant to RCW 26.09.160, shall
include the following language:
WARNING: VIOLATION OF THE RESIDENTIAL PROVISIONS
OF THIS ORDER WITH ACTUAL KNOWLEDGE OF ITS TERMS IS PUNISHABLE BY CONTEMPT OF
COURT, AND MAY BE A CRIMINAL OFFENSE UNDER RCW 9A.40.060(2) or
9A.40.070(2). VIOLATION OF THIS ORDER MAY SUBJECT A VIOLATOR TO ARREST.
