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.
The bill also 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 effective date of the act is upon its passage, and while the fiscal impact on state and local governments is indeterminable, it is expected to affect the judicial and correctional systems due to the changes in criminal penalties.
Statutes affected: Introduced: 633:4