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Washington statute

RCW 9A.40.070 — Custodial interference in the second degree

Current through 2026 Regular Session

Part of Chapter 9A.40: Kidnapping, Unlawful Imprisonment, Custodial Interference, Luring, Trafficking, And Coercion Of Involuntary Servitude, Revised Code of Washington.

Criminal charges under this statute

Full text of RCW 9A.40.070

Statutory text current through the 2026 Regular Session. This publication reproduces the official text of the Revised Code of Washington from the Code Reviser's published files; it is not the official statutes of the State of Washington.

RCW 9A.40.070Primary source, current through the 2026 Regular Session
(1) A relative of a person is guilty of custodial interference in the second degree if, with the intent to deny access to such 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 person from a parent, guardian, institution, agency, or other person having a lawful right to physical custody of such person. This subsection shall not apply to a parent's noncompliance with a court order making residential provisions for the child. (2) A parent of a child is guilty of custodial interference in the second degree if: (a) 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 order making residential provisions for the child; or (b) the parent has not complied with the residential provisions of a court-ordered parenting plan after a finding of contempt under RCW 26.09.160(3); or (c) if the court finds that the parent has engaged in a pattern of willful violations of a court order making residential provisions for the child. (3) Nothing in subsection (2)(b) of this section prohibits conviction of custodial interference in the second degree under subsection (2)(a) or (c) of this section in absence of findings of contempt. (4)(a) The first conviction of custodial interference in the second degree is a gross misdemeanor. (b) The second or subsequent conviction of custodial interference in the second degree is a class C felony.

Official sources

Legal terms used in this section

Questions this section answers

Is custodial interference in the second degree a felony or a misdemeanor in Washington?

It depends on the circumstances: custodial interference in the second degree ranges from a Gross Misdemeanor to a Class C Felony in Washington under RCW 9A.40.070.

First conviction of custodial interference in the second degree: Gross Misdemeanor (RCW 9A.40.070(4)(a)) · Second or subsequent conviction of custodial interference in the second degree: Class C Felony (RCW 9A.40.070(4)(b))

Which Washington statute covers custodial interference in the second degree?

Custodial interference in the second degree is governed by RCW 9A.40.070 (Custodial interference in the second degree).

This reference is informational and is not legal advice.