California Penal Code

§ 278.7

PEN § 278.7 Effective Jan 1, 1997Title 9 · Part 1 · Ch. 4

Statute text

(a)Section 278.5 does not apply to a person with a right to custody of a child who, with a good faith and reasonable belief that the child, if left with the other person, will suffer immediate bodily injury or emotional harm, takes, entices away, keeps, withholds, or conceals that child.

(b)Section 278.5 does not apply to a person with a right to custody of a child who has been a victim of domestic violence who, with a good faith and reasonable belief that the child, if left with the other person, will suffer immediate bodily injury or emotional harm, takes, entices away, keeps, withholds, or conceals that child. “Emotional harm” includes having a parent who has committed domestic violence against the parent who is taking, enticing away, keeping, withholding, or concealing the child.

(c)The person who takes, entices away, keeps, withholds, or conceals a child shall do all of the following:

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Legislative history

Added by Stats. 1996, Ch. 988, Sec. 9. Effective January 1, 1997.