NORTH CAROLINA GENERAL ASSEMBLY

1969 SESSION

CHAPTER 81

SENATE BILL 48

AN ACT TO MAKE IT A FELONY FOR A PERSON TO REMOVE A CHILD FROM THIS STATE WHEN A COURT HAS AWARDED CUSTODY TO ANOTHER PERSON.

The General Assembly of North Carolina do enact:

Section 1.  When any court of competent jurisdiction in this State shall have awarded custody of a child under the age of sixteen years, it shall be a felony for any person with the intent to violate the court order to take or transport, or cause to be taken or transported, any such child from any point within this State to any point outside the limits of this State or to keep any such child outside the limits of this State. Such crime shall be punishable by a fine in the discretion of the court or by imprisonment in the State's prison for not more than three years, in the discretion of the court, or by both such fine and imprisonment. Provided that keeping a child outside the limits of the State in violation of a court order for a period in excess of seventy-two hours shall be prima facie evidence that the person charged intended to violate the order at the time of taking.

Sec. 2.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 3.  This Act shall become effective upon its ratification.

In the General Assembly read three times and ratified, this the 17th day of March, 1969.