2015 ORS 163.257¹
Custodial interference in the first degree

(1) A person commits the crime of custodial interference in the first degree if the person violates ORS 163.245 (Custodial interference in the second degree) and:

(a) Causes the person taken, enticed or kept from the lawful custodian or in violation of a valid joint custody order to be removed from the state; or

(b) Exposes that person to a substantial risk of illness or physical injury.

(2) Expenses incurred by a lawful custodial parent or a parent enforcing a valid joint custody order in locating and regaining physical custody of the person taken, enticed or kept in violation of this section are "economic damages" for purposes of restitution under ORS 137.103 (Definitions for ORS 137.101 to 137.109) to 137.109 (Effect of restitution order on other remedies of victim).

(3) Custodial interference in the first degree is a Class B felony. [1971 c.743 §101; 1981 c.774 §2; 1987 c.795 §8; 2005 c.564 §7]

Notes of Decisions

Legislative intent is that, absent showing of immediate physical danger to child, parties to custody battle are not permitted to steal children back and forth. State v. Easton, 35 Or App 603, 582 P2d 37 (1978), Sup Ct review denied

In pros­e­cu­­tion under this sec­tion de­fense of legal impossibility is not available to defendant simply because she was joint custodial parent of child. State v. West, 70 Or App 167, 688 P2d 406 (1984)

This sec­tion describes continuing of­fense and period of limita­tion does not begin to run until custodial in­ter­fer­ence ceases. State v. Rose, 75 Or App 379, 706 P2d 583 (1985), Sup Ct review denied

Where state contended that defendant's flight was motivated by knowledge that defendant had no legal right to custody of children, court erred in suppressing evidence of a different motive. State v. Bayse, 122 Or App 608, 859 P2d 542 (1993)

Law Review Cita­tions

51 OLR 491 (1972)

Notes of Decisions

Trial court properly admitted two handguns found in defendant's pos­ses­sion shortly after alleged com­mis­sion of crimes of kidnapping and robbery, where crimes were committed with aid of a handgun. State v. Manning, 39 Or App 279, 591 P2d 1195 (1979)

Law Review Cita­tions

51 OLR 428 (1972)

Chapter 163

Law Review Cita­tions

51 OLR 427-637 (1972)


1 Legislative Counsel Committee, CHAPTER 163—Offenses Against Persons, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors163.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 163, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano163.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.