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Indiana criminal charge

Interference with custody in Indiana

Current through 2026 Indiana legislative session

Interference with custody is a criminal offense under Indiana law, defined by Ind. Code § 35-42-3-4. Its classification is not fixed: Indiana assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.

Defined by Ind. Code § 35-42-3-4.

What is the penalty for interference with custody in Indiana?

Penalties for Interference with custody
PenaltyRangeBasisAuthority
Jail / prison6 months to 30 months (Interference with custody - base offense (removal out of state or failure to return) — A person with intent to deprive custody rights knowingly removes a person under 18 out of Indiana in violation of a custody order, or fails to return such a person to Indiana in violation of a custody order.; fixed term; advisory sentence 1 year; court may enter judgment of conviction as a Class A misdemeanor in limited circumstances (IC 35-50-2-7(c)))presumptiveInd. Code § 35-50-2-7
Fineup to $10,000 (Interference with custody - base offense (removal out of state or failure to return) — A person with intent to deprive custody rights knowingly removes a person under 18 out of Indiana in violation of a custody order, or fails to return such a person to Indiana in violation of a custody order.)discretionaryInd. Code § 35-50-2-7
Jail / prison1 years to 6 years (Interference with custody - victim under 14 and not offender's child — The offense under (a) is committed against a person less than fourteen years of age who is not the offender's own child.; fixed term; advisory sentence 3 years)presumptiveInd. Code § 35-50-2-6
Fineup to $10,000 (Interference with custody - victim under 14 and not offender's child — The offense under (a) is committed against a person less than fourteen years of age who is not the offender's own child.)discretionaryInd. Code § 35-50-2-6
Jail / prison2 years to 12 years (Interference with custody - armed with deadly weapon or serious bodily injury — The offense under (a) is committed while armed with a deadly weapon or results in serious bodily injury to another person.; fixed term; advisory sentence 6 years)presumptiveInd. Code § 35-50-2-5.5
Fineup to $10,000 (Interference with custody - armed with deadly weapon or serious bodily injury — The offense under (a) is committed while armed with a deadly weapon or results in serious bodily injury to another person.)discretionaryInd. Code § 35-50-2-5.5
Jail / prisonup to 60 days (Interference with custody - taking, detaining, or concealing a minor — A person with intent to deprive custody or parenting time rights knowingly takes, detains, or conceals a person under eighteen years of age.)discretionaryInd. Code § 35-50-3-4
Fineup to $500 (Interference with custody - taking, detaining, or concealing a minor — A person with intent to deprive custody or parenting time rights knowingly takes, detains, or conceals a person under eighteen years of age.)discretionaryInd. Code § 35-50-3-4
Jail / prisonup to 180 days (Interference with custody - taking, detaining, or concealing in violation of court order — The taking, concealment, or detention described in (b) is in violation of a court order.)discretionaryInd. Code § 35-50-3-3
Fineup to $1,000 (Interference with custody - taking, detaining, or concealing in violation of court order — The taking, concealment, or detention described in (b) is in violation of a court order.)discretionaryInd. Code § 35-50-3-3

Applies to offenses committed after June 30, 2014 (P.L.158-2013).

How is interference with custody classified in Indiana?

The classification depends on the circumstances:

Classification variants for Interference with custody
VariantClassificationWhen it appliesStatute
Interference with custody - base offense (removal out of state or failure to return)Level 6 FelonyA person with intent to deprive custody rights knowingly removes a person under 18 out of Indiana in violation of a custody order, or fails to return such a person to Indiana in violation of a custody order.Ind. Code § 35-42-3-4(a)
Interference with custody - victim under 14 and not offender's childLevel 5 FelonyThe offense under (a) is committed against a person less than fourteen years of age who is not the offender's own child.Ind. Code § 35-42-3-4(a)
Interference with custody - armed with deadly weapon or serious bodily injuryLevel 4 FelonyThe offense under (a) is committed while armed with a deadly weapon or results in serious bodily injury to another person.Ind. Code § 35-42-3-4(a)
Interference with custody - taking, detaining, or concealing a minorClass C MisdemeanorA person with intent to deprive custody or parenting time rights knowingly takes, detains, or conceals a person under eighteen years of age.Ind. Code § 35-42-3-4(b)
Interference with custody - taking, detaining, or concealing in violation of court orderClass B MisdemeanorThe taking, concealment, or detention described in (b) is in violation of a court order.Ind. Code § 35-42-3-4(b)

Common questions about interference with custody in Indiana

Is interference with custody a felony or a misdemeanor in Indiana?

It depends on the circumstances: interference with custody ranges from a Class C Misdemeanor to a Level 4 Felony in Indiana under Ind. Code § 35-42-3-4.

Interference with custody - base offense (removal out of state or failure to return): Level 6 Felony (Ind. Code § 35-42-3-4(a)) · Interference with custody - victim under 14 and not offender's child: Level 5 Felony (Ind. Code § 35-42-3-4(a)) · Interference with custody - armed with deadly weapon or serious bodily injury: Level 4 Felony (Ind. Code § 35-42-3-4(a)) · Interference with custody - taking, detaining, or concealing a minor: Class C Misdemeanor (Ind. Code § 35-42-3-4(b)) · Interference with custody - taking, detaining, or concealing in violation of court order: Class B Misdemeanor (Ind. Code § 35-42-3-4(b))

What are the penalties for interference with custody in Indiana?

Penalties for interference with custody in Indiana depend on how it is classified — from a Class C Misdemeanor up to a Level 4 Felony — with the ranges set by Ind. Code § 35-50-2-7, Ind. Code § 35-50-2-6, Ind. Code § 35-50-2-5.5, Ind. Code § 35-50-3-4 and Ind. Code § 35-50-3-3; the full table of ranges by variant is published on this page.

Which Indiana statute covers interference with custody?

Interference with custody is governed by Ind. Code § 35-42-3-4 (Interference with custody).

Legal terms used in this law

This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.