Final answer:
Custodial interference in the second degree, defined by RCW 9A.40.070, involves unlawfully taking or retaining a child away from their lawful custodian or guardian. The offense includes taking the child without a legal right, retaining them beyond a visitation period, or hiding them from their lawful custodian.
Step-by-step explanation:
Custodial interference in the second degree, as defined by RCW 9A.40.070, refers to the unlawful act of an individual taking or keeping a minor child, even if they are a relative or a parent, away from the person or entity that has lawful custody or visitation rights. This includes situations where a non-custodial parent retains the child without the right to do so or a custodial parent refuses to return the child at the end of the legally allotted time.
To be charged with custodial interference in the second degree, specific criteria must be met. According to the Revised Code of Washington, a person is guilty of this offense if, without lawful authority, they:
- Take a child from their custodian when they have no lawful right to do so
- Retain a child beyond their lawful period of custody or visitation
- Harbor or hide a child, knowing that they have been taken or retained against the lawful custodian's wishes
It is important to note that while parents can be held liable for custodial interference, so too can any relatives or third parties who knowingly facilitate or contribute to such an act. The severity of the offense can vary depending on specific circumstances, such as the length of time the child is withheld from the custodial parent or guardian, or if the act was committed with the intent to harm or conceal the child.