Okla. Stat. tit. 21, § 21-567A
This is the official text of Okla. Stat. tit. 21, § 21-567A, part of Oklahoma’s Stat. tit. 21, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 21,." Browse the sections below, each linked to its official government source.
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Violation of child custody order – Affirmative defense –
Official statutory text
Emergency or protective custody.
A. Any parent or other person who violates an order of any
court of this state granting the custody of a child under the age of
eighteen (18) years to any person, agency, institution, or other
facility, with the intent to deprive the lawful custodian of the
custody of the child shall, upon conviction, be guilty of a Class D3
felony offense and shall be punished by imprisonment as provided for
in subsections B through F of Section 20P of this title. The fine
for a violation of this subsection shall not exceed Five Thousand
Dollars ($5,000.00).
B. The offender shall have an affirmative defense if the
offender reasonably believes that the act was necessary to preserve
the child from physical, mental, or emotional danger to the child’s
welfare and the offender notifies the local law enforcement agency
nearest to the location where the custodian of the child resides.
C. If a child is removed from the custody of the child’s lawful
custodian pursuant to the provisions of this section any law
enforcement officer may take the child into custody without a court
order and, unless there is a specific court order directing a law
enforcement officer to take the child into custody and release or
return the child to a lawful custodian, the child shall be held in
emergency or protective custody pursuant to the provisions of
Section 1-4-201 of Title 10A of the Oklahoma Statutes.
A. Any parent or other person who violates an order of any
court of this state granting the custody of a child under the age of
eighteen (18) years to any person, agency, institution, or other
facility, with the intent to deprive the lawful custodian of the
custody of the child shall, upon conviction, be guilty of a Class D3
felony offense and shall be punished by imprisonment as provided for
in subsections B through F of Section 20P of this title. The fine
for a violation of this subsection shall not exceed Five Thousand
Dollars ($5,000.00).
B. The offender shall have an affirmative defense if the
offender reasonably believes that the act was necessary to preserve
the child from physical, mental, or emotional danger to the child’s
welfare and the offender notifies the local law enforcement agency
nearest to the location where the custodian of the child resides.
C. If a child is removed from the custody of the child’s lawful
custodian pursuant to the provisions of this section any law
enforcement officer may take the child into custody without a court
order and, unless there is a specific court order directing a law
enforcement officer to take the child into custody and release or
return the child to a lawful custodian, the child shall be held in
emergency or protective custody pursuant to the provisions of
Section 1-4-201 of Title 10A of the Oklahoma Statutes.
Status: in_force · Read it on the official government site
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