§ 22-491. Interference with custody of children.

(a)

No person, knowing he is without privilege to do so or being reckless in that regard, shall entice, take, keep or harbor any of the following persons from his parent, guardian or custodian:

(1)

A child under the age of 18, or a mentally or physically handicapped child under the age of 21;

(2)

A person committed by law to an institution for delinquent, unruly, neglected or dependent children;

(3)

A person committed by law to an institution for the mentally ill or mentally deficient.

(b)

It is an affirmative defense to a charge of enticing or taking under subsection (a) of this section, that the actor reasonably believed that his conduct was necessary to preserve the child's health or safety; it is an affirmative defense to a charge of keeping or harboring under subsection (a) of this section, that the actor in good faith gave notice to law enforcement or judicial authorities within a reasonable time after the child or committed person came under his shelter, protection or influence.

(Code 1977, § 15-94)