Arkansas Laws

§ 5-26-501. Interference with visitation.

(a)(1) A person commits the offense of interference with visitation if, knowing that he or she has no lawful right to do so, he or she takes, entices, or keeps any minor from any person entitled by a court decree or order to the right of visitation with the minor.

          (2) A person claiming interference with visitation shall provide a copy of the signed court order or decree regarding custody or visitation rights to a law enforcement officer as proof of the interference with visitation.

(b)(1)(A) Interference with visitation is a Class D felony if the minor is taken, enticed, or kept outside of the State of Arkansas.

                    (B) Otherwise, it is a Class C misdemeanor.

          (2) Any person who has pleaded guilty or nolo contendere to, or is found guilty of, interference with visitation more than two (2) times shall be guilty of a Class A misdemeanor.

(c) It is an affirmative defense to prosecution that:

          (1) A person or lawful guardian committed the act to protect the child from imminent physical harm, provided that the defendant's belief that physical harm was imminent is reasonable and the defendant's conduct in withholding visitation rights was a reasonable response to the harm believed to be imminent;

          (2) A person or lawful guardian committed the act based on a reasonable belief that the person entitled to visitation would remove the child from the jurisdiction of the court;

          (3) The act was committed with the mutual consent of all parties having a right to custody and visitation of the child; or

          (4) The act was otherwise authorized by law.

History. Acts 1985, No. 540, § 1; A.S.A. 1947, § 41-2415; Acts 1999, No. 1129, § 1.