Withholding a child in violation of a court order and the child remains within the Commonwealth is classified as which offense?

Withholding a child in violation of a court order and the child remains within the Commonwealth is classified as which offense?

• A. Class 1 misdemeanor
• B. Class 2 misdemeanor
• C. Class 3 misdemeanor
• D. Class 6 felony

Answer: (C)

The act being addressed is the willful withholding of a child in violation of a court custody order. The penalty is determined by where the child is located. If the child remains in the Commonwealth, this violation is classified as a Class 3 misdemeanor. That level recognizes the wrongdoing and provides a deterrent, but it does not rise to a felony unless the situation involves taking the child out of state. If the child were removed from the Commonwealth, the offense would escalate to a Class 6 felony. So, for a case where the child stays in-state, Class 3 misdemeanor is the appropriate classification.

The act being addressed is the willful withholding of a child in violation of a court custody order. The penalty is determined by where the child is located. If the child remains in the Commonwealth, this violation is classified as a Class 3 misdemeanor. That level recognizes the wrongdoing and provides a deterrent, but it does not rise to a felony unless the situation involves taking the child out of state. If the child were removed from the Commonwealth, the offense would escalate to a Class 6 felony. So, for a case where the child stays in-state, Class 3 misdemeanor is the appropriate classification.