Custodial Interference in the Second Degree is a crime designed to prevent parents and other relatives from disregarding the custody rights of a child's parent or guardian. Custodial Interference in the 2nd Degree is a Class A misdemeanor.
The Elements of Custodial Interference in the Second DegreeBefore a judge or jury can convict anyone of Custodial Interference in the Second Degree, the government must prove each element of the offense beyond a reasonable doubt. The elements of Custodial Interference in the Second Degree are:
Custodial interference is a rather specific crime, and most of these cases share some basic similarities. For example, below are a few of the most common scenarios where these cases arise:
Often, prosecutors bring Custodial Interference in the Second Degree charges along with one or more of the following:
While being a child's parent may be a defense to kidnapping, that is only the case where the parent's sole intent was to assume control over the child. Thus, if prosecutors believe that a parent committed an abduction for the purpose of terrorizing the child's other parent, they may pursue kidnapping charges.
What Are the Defenses to Custodial Interference in the Second Degree?There are several defenses to Custodial Interference in the Second Degree. A successful defense may reduce your sentencing exposure, result in the prosecution withdrawing the case against you, or cause the jury to return a "not guilty" verdict.
The most common defenses include the following:
Technically, proving that you are not related to the child is a defense to Custodial Interference. However, practically speaking, this would open you up to the possibility of being charged with kidnapping or unlawful imprisonment, which are more serious crimes.
What Are the Penalties for Violating NY Penal Law § 135.45?Custodial Interference in the Second Degree is a Class A misdemeanor. Class A misdemeanors are punishable by a term of up to 364 days imprisonment as well as a fine of up to $1,000.
Has a Civil Custody Dispute Just Turned Criminal?If you were recently charged with Custodial Interference in the Second Degree, a conviction could not only land you in jail but may also impact your future custody rights. At the law firm of Tilem & Associates, P.C., our dedicated team of New York criminal defense lawyers has extensive experience protecting the interests of parents, grandparents and other family members facing these serious allegations. We are immediately available to meet with you to get started working on a compelling defense to the charges you face. To learn more, and to schedule a free consultation today, call 877-377-8666. You can also reach us through our online contact form.