Indiana criminal charge
Interference with custody in Indiana
Interference with custody is a criminal offense under Indiana law, defined by Ind. Code § 35-42-3-4. Its classification is not fixed: Indiana assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Ind. Code § 35-42-3-4.
What is the penalty for interference with custody in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 6 months to 30 months (Interference with custody - base offense (removal out of state or failure to return) — A person with intent to deprive custody rights knowingly removes a person under 18 out of Indiana in violation of a custody order, or fails to return such a person to Indiana in violation of a custody order.; fixed term; advisory sentence 1 year; court may enter judgment of conviction as a Class A misdemeanor in limited circumstances (IC 35-50-2-7(c))) | presumptive | Ind. Code § 35-50-2-7 |
| Fine | up to $10,000 (Interference with custody - base offense (removal out of state or failure to return) — A person with intent to deprive custody rights knowingly removes a person under 18 out of Indiana in violation of a custody order, or fails to return such a person to Indiana in violation of a custody order.) | discretionary | Ind. Code § 35-50-2-7 |
| Jail / prison | 1 years to 6 years (Interference with custody - victim under 14 and not offender's child — The offense under (a) is committed against a person less than fourteen years of age who is not the offender's own child.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Interference with custody - victim under 14 and not offender's child — The offense under (a) is committed against a person less than fourteen years of age who is not the offender's own child.) | discretionary | Ind. Code § 35-50-2-6 |
| Jail / prison | 2 years to 12 years (Interference with custody - armed with deadly weapon or serious bodily injury — The offense under (a) is committed while armed with a deadly weapon or results in serious bodily injury to another person.; fixed term; advisory sentence 6 years) | presumptive | Ind. Code § 35-50-2-5.5 |
| Fine | up to $10,000 (Interference with custody - armed with deadly weapon or serious bodily injury — The offense under (a) is committed while armed with a deadly weapon or results in serious bodily injury to another person.) | discretionary | Ind. Code § 35-50-2-5.5 |
| Jail / prison | up to 60 days (Interference with custody - taking, detaining, or concealing a minor — A person with intent to deprive custody or parenting time rights knowingly takes, detains, or conceals a person under eighteen years of age.) | discretionary | Ind. Code § 35-50-3-4 |
| Fine | up to $500 (Interference with custody - taking, detaining, or concealing a minor — A person with intent to deprive custody or parenting time rights knowingly takes, detains, or conceals a person under eighteen years of age.) | discretionary | Ind. Code § 35-50-3-4 |
| Jail / prison | up to 180 days (Interference with custody - taking, detaining, or concealing in violation of court order — The taking, concealment, or detention described in (b) is in violation of a court order.) | discretionary | Ind. Code § 35-50-3-3 |
| Fine | up to $1,000 (Interference with custody - taking, detaining, or concealing in violation of court order — The taking, concealment, or detention described in (b) is in violation of a court order.) | discretionary | Ind. Code § 35-50-3-3 |
Applies to offenses committed after June 30, 2014 (P.L.158-2013).
How is interference with custody classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Interference with custody - base offense (removal out of state or failure to return) | Level 6 Felony | A person with intent to deprive custody rights knowingly removes a person under 18 out of Indiana in violation of a custody order, or fails to return such a person to Indiana in violation of a custody order. | Ind. Code § 35-42-3-4(a) |
| Interference with custody - victim under 14 and not offender's child | Level 5 Felony | The offense under (a) is committed against a person less than fourteen years of age who is not the offender's own child. | Ind. Code § 35-42-3-4(a) |
| Interference with custody - armed with deadly weapon or serious bodily injury | Level 4 Felony | The offense under (a) is committed while armed with a deadly weapon or results in serious bodily injury to another person. | Ind. Code § 35-42-3-4(a) |
| Interference with custody - taking, detaining, or concealing a minor | Class C Misdemeanor | A person with intent to deprive custody or parenting time rights knowingly takes, detains, or conceals a person under eighteen years of age. | Ind. Code § 35-42-3-4(b) |
| Interference with custody - taking, detaining, or concealing in violation of court order | Class B Misdemeanor | The taking, concealment, or detention described in (b) is in violation of a court order. | Ind. Code § 35-42-3-4(b) |
Common questions about interference with custody in Indiana
Is interference with custody a felony or a misdemeanor in Indiana?
It depends on the circumstances: interference with custody ranges from a Class C Misdemeanor to a Level 4 Felony in Indiana under Ind. Code § 35-42-3-4.
Interference with custody - base offense (removal out of state or failure to return): Level 6 Felony (Ind. Code § 35-42-3-4(a)) · Interference with custody - victim under 14 and not offender's child: Level 5 Felony (Ind. Code § 35-42-3-4(a)) · Interference with custody - armed with deadly weapon or serious bodily injury: Level 4 Felony (Ind. Code § 35-42-3-4(a)) · Interference with custody - taking, detaining, or concealing a minor: Class C Misdemeanor (Ind. Code § 35-42-3-4(b)) · Interference with custody - taking, detaining, or concealing in violation of court order: Class B Misdemeanor (Ind. Code § 35-42-3-4(b))
What are the penalties for interference with custody in Indiana?
Penalties for interference with custody in Indiana depend on how it is classified — from a Class C Misdemeanor up to a Level 4 Felony — with the ranges set by Ind. Code § 35-50-2-7, Ind. Code § 35-50-2-6, Ind. Code § 35-50-2-5.5, Ind. Code § 35-50-3-4 and Ind. Code § 35-50-3-3; the full table of ranges by variant is published on this page.
Which Indiana statute covers interference with custody?
Interference with custody is governed by Ind. Code § 35-42-3-4 (Interference with custody).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.