Interference with Custody


Franklin County Criminal Law Casebook

Reproduced with permission from:
Timothy E. Pierce and the Franklin County Public Defender Office

R.C. 2919.23 -- Interference with custody.
State v. Vitteritto, 173 Ohio App. 3d 532, 2007-Ohio-5478 – Interference with custody is a misdemeanor unless the children are taken out of state. Verdict forms referred to the offense as charged in the indictment but did not provide for the jury to make a further finding on the enhancing element. Appellant stands convicted only of misdemeanors. State v. Pelfrey, 112 Ohio St. 3d 422, 2007-Ohio-256, applied.
State v. Robinson (2001), 146 Ohio App. 3d 344 -- Defendant was convicted of interference with custody after traveling to Indiana with his underage girlfriend. Condition of probation that he stay away from the victim was valid only until her eighteenth birthday.
Lakewood v. Dorton, Cuyahoga App. No. 81043, 2003-Ohio-1719 -- Taking an 11-year old to an amusement park without the knowledge and consent of his parents is sufficient to establish interference with custody. As conditions of probation it was appropriate to require a sex offender evaluation and bar unsupervised contact with children under 18.
State v. Harris (1983), 11 Ohio App. 3d 294 -- The statute is not unconstitutionally vague as it provides an ascertainable standard of guilt and gives notice as to what conduct is proscribed.
State v. Kinney (1982), 7 Ohio App. 3d 243 -- Though defendant and his fourteen year old girlfriend lived together in another state, Ohio court had jurisdiction since harboring, within the meaning of the statute, began when they got in the car to drive to Kentucky.
State v. Armstrong (1991), 74 Ohio App. 3d 732 -- Interference with custody is not a lesser included offense of child stealing.

Publishing Information

Published by Timothy E. Pierce
Copyright © Franklin County Public Defender and Timothy E. Pierce, 2015
Contents may not be duplicated without express permission.