Section 2904 deals with when an individual interferes with the custody of children. This can be filed by the district attorney in Bucks County or by way of a "private criminal complaint". This should be consulted with a Bucks County divorce lawyer because it will be important to see what the implications could be for the underlying custody matter. The sections states,
§ 2904. Interference with custody of children.
(a) Offense defined.--A person commits an offense if he knowingly or recklessly takes or entices any child under the age of 18 years from the custody of its parent, guardian or other lawful custodian, when he has no privilege to do so.
(b) Defenses.--It is a defense that:
(1) the actor believed that his action was necessary to preserve the child from danger to its welfare; or
(2) the child, being at the time not less than 14 years old, was taken away at its own instigation without enticement and without purpose to commit a criminal offense with or against the child; or
(3) the actor is the child's parent or guardian or other lawful custodian and is not acting contrary to an order entered by a court of competent jurisdiction.
Custodial interference is a felony of the third degree. A person convicted under Section 2904 of the Crimes Code may be sentenced to imprisonment for not more than seven years and should get a private Bucks County criminal lawyer.
The defendant must knowingly or recklessly take or entice any child under 18 from the custody of the child's parent, guardian, or other lawful custodian -- when the defendant has no privilege to do so. Taking connotes a substantial interference with parental control and requires an affirmative physical removal of the child. Enticing means to wrongfully solicit, persuade, procure, allure, attract, draw by blandishment, coax or seduce.
In promulgating Section 2904, the Commonwealth of Pennsylvania followed the lead of the Model Penal Code and removed from the general crimes of kidnapping the special case of custodial interference. Custodial interference is distinguishable by the fact that the defendant is usually a parent or other relative who is favorably disposed toward the child and who does not think of his or her actions as harmful.