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5/10-5.5
Unlawful visitation interference.
§ 10-5.5 Unlawful visitation interference.
(a) As used in this Section, the terms
"child", "detain", and "unlawful custodian"
shall have the meanings ascribed to them in Section 10-5 of this Code.
(b) Every person who, in violation of the visitation
provision s of a court order relating to child custody, detains or conceals
a child with the intent to deprive another person of his or her rights
to visitation shall be guilty of unlawful visitation interference.
(c) A person committing unlawful visitation interference
is guilty of a petty offense. However, any person violating this Section
after 2 prior convictions of unlawful visitation interference is guilty
of a Class A misdemeanor.
(d) Any law enforcement officer who has probable cause
to believe that a person has committed or is committing an act in violation
of this Section shall issue to that person a notice to appear.
(e) The notice shall:
1. Be in writing;
2. State the name of the person and his address, if known;
3. Set forth the nature of the offense;
4. Be signed by the officer issuing the notice; and
5. Request the person to appear before a court at a certain time and
place.
(f) Upon failure of the person to appear,
a summons or warrant of arrest may be issued.
(g) It is an affirmative defense that;
1. A person or lawful custodian committed the act to
protect the child from imminent physical harm, provided the defendant's
belief that there was physical harm imminent was reasonable and that
the defendant's conduct in withholding visitation rights was a reasonable
response to the harm believed imminent;
2. The act was committed with the mutual consent of all parties having
a right to custody and visitation of the child; or
3. The act was otherwise authorized by law.
(h) A person convicted of unlawful
visitation interference shall not be subject to a civil contempt citation
for the same conduct for violating visitation provisions of a court order
issued under the Illinois Marriage and Dissolution of Marriage Act.1
Laws 1961, p. 1983, § 10-5.5, added by P.A. 88-96,
§ 5, eff. Jan. 1, 1994.
Illinois Compiled Statutes
Families
Illinois Marriage and Dissolution of Marriage Act
750 ILCS 5/
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