This bill amends the crime of interference with custody by introducing new legal provisions that define specific actions as felonies or offenses when they are intended to disrupt a custody order or evade court jurisdiction. The bill adds new paragraphs to RSA 633:4, establishing that a person can be charged with a class B felony if they knowingly interfere with a lawful court order regarding parenting time for a child under 18, including obstructing contact or unlawfully retaining the child. Additionally, it creates a new offense for individuals who take a child out of the jurisdiction without court permission when a custody suit is pending, with penalties escalating for repeat offenses.
Furthermore, the bill provides an affirmative defense for individuals charged under these new provisions if they can demonstrate that they were entitled to parenting time or were acting in good faith to protect the child from imminent danger or domestic violence. The act is set to take effect upon passage, and while it is expected to have indeterminable fiscal impacts on state and local expenditures due to potential changes in the judicial and correctional systems, it does not project any revenue changes.
Statutes affected: Introduced: 633:4