CRIMINAL LAWAND PROCEDURE
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(2) a Level 3 felony if it:
(A) is committed while armed with a
deadly weapon;
(B) results in serious bodily injury to
a person other than the removing per-
son; or
(C) is committed on an aircraft; and
(3) a Level 2 felony if it is committed:
(A) with intent to obtain ransom;
(B) while hijacking a vehicle;
(C)with intent to obtain the release, or
intent to aid in the escape, of any per-
son from lawful incarceration; or
(D) with intent to use the person
removed as a shield or hostage.
35-42-3-3. Criminal confinement.
(a) A person who knowingly or intentionally
confines another person without the other per-
son’s consent commits criminal confinement.
Except as provided in subsection (b), the offense
of criminal confinement is a Level 6 felony.
(b) The offense of criminal confinement
defined in subsection (a) is:
(1) a Level 5 felony if:
(A) the person confined is less than
fourteen (14) years of age and is not the
confining person’s child;
(B) it is committed by using a vehicle;
or
(C) it results in bodily injury to a per-
son other than the confining person;
(2) a Level 3 felony if it:
(A) is committed while armed with a
deadly weapon;
(B) results in serious bodily injury to
a person other than the confining per-
son; or
(C) is committed on an aircraft; and
(3) a Level 2 felony if it is committed:
(A) with intent to obtain ransom;
(B) while hijacking a vehicle;
(C) with intent to obtain the release, or
intent to aid in the escape, of any per-
son from lawful incarceration; or
(D) with intent to use the person con-
fined as a shield or hostage.
35-42-3-4. Interference with custody.
(a) A person who, with the intent to deprive
another person of child custody rights, know-
ingly or intentionally:
(1) removes another person who is less
than eighteen (18) years of age to a place
outside Indiana when the removal violates
a child custody order of a court; or
(2) violates a child custody order of a court
by failing to return a person who is less
than eighteen (18) years of age to Indiana;
commits interference with custody, a Level 6
felony. However, the offense is a Level 5 felony
if the other person is less than fourteen (14) years
of age and is not the person’s child, and a Level
4 felony if the offense is committed while armed
with a deadly weapon or results in serious bodily
injury to another person.
(b) A person who with the intent to deprive
another person of custody or parenting time rights:
(1) knowingly or intentionally takes;
(2) knowingly or intentionally detains; or
(3) knowingly or intentionally conceals;
a person who is less than eighteen (18) years of
age commits interference with custody, a Class C
misdemeanor. However, the offense is a Class B
misdemeanor if the taking, concealment, or deten-
tion is in violation of a court order.
(c) With respect to a violation of this section,
a court may consider as a mitigating circumstance
the accused person’s return of the other person in
accordance with the child custody order or par-
enting time order within seven (7) days after the
removal.
(d) The offenses described in this section con-
tinue as long as the child is concealed or detained
or both.
(e) If a person is convicted of an offense under
this section, a court may impose against the defen-
dant reasonable costs incurred by a parent or
guardian of the child because of the taking, deten-
tion, or concealment of the child.
(f) It is a defense to a prosecution under this
section that the accused person:
(1) was threatened; or
(2) reasonably believed the child was
threatened;
which resulted in the child not being timely
returned to the other parent resulting in a violation
of a child custody order.
