What constitutes misdemeanor custodial interference in NY?

What constitutes misdemeanor custodial interference in NY?

• A. Taking a relative under 16 from lawful custodian with intent to hold for a protracted period
• B. Taking a relative under 16 from lawful custodian with intent to permanently remove from state
• C. Taking a non-relative from lawful custodian with intent to hold
• D. Detaining a person for a short time

Answer: (A)

The key idea is that misdemeanor custodial interference covers when someone who has a close relationship to a child under 16 removes the child from the lawful custodian with the intent to detain the child for a protracted period. The relative relationship and the long-term intent are essential—it's not about a brief hold or a non-relative taking the child. Taking a relative under 16 away from the lawful custodian with the purpose to hold for a protracted period fits this exactly. Escalating to permanently removing the child from the state would be a more serious offense, and taking a non-relative does not fit the requirement that the offender have a familial connection. Detaining someone for only a short time also misses the statute’s requirement of a protracted period.

The key idea is that misdemeanor custodial interference covers when someone who has a close relationship to a child under 16 removes the child from the lawful custodian with the intent to detain the child for a protracted period. The relative relationship and the long-term intent are essential—it's not about a brief hold or a non-relative taking the child.

Taking a relative under 16 away from the lawful custodian with the purpose to hold for a protracted period fits this exactly. Escalating to permanently removing the child from the state would be a more serious offense, and taking a non-relative does not fit the requirement that the offender have a familial connection. Detaining someone for only a short time also misses the statute’s requirement of a protracted period.