PC 278: Child Abduction Laws

Legal Definition: Every person, not having a right to custody, who maliciously takes, entices away, keeps, withholds or conceals any child with the intent to detain or conceal that child from a lawful custodian.

For a person to be convicted of a violation of PC 278, the prosecution must show that:

1. You maliciously took/enticed away/kept/withheld/concealed a child from the child’s lawful custodian;
2. The child was under the age of 18;
3. When you acted, you did not have a right to custody of that child; AND
4. When you acted, you intended to detain or conceal the child from the child’s lawful custodian.

What does this mean?

Someone acts maliciously when he or she intentionally does a wrongful act or when he or she acts with the unlawful intent to disturb, defraud, annoy, or injure someone else. A lawful custodian is a person, guardian, or public agency having a right to custody of the child. The right to custody means the right to physical care, custody, and control of the child according to the law or because of a court order. Intending to detain includes delaying or hindering. A person can detain someone without using force.

To entice away means to lure away by creating hope or desire. This charge can even happen if the child does not resist taking or even consents or allows you to take them. This charge can apply to parents at times too. A parent has no right to physical custody of his or her parental rights were terminated by court order. PC 278 applies to a parent of a minor child whose custody has been placed with the other parent by court order.

Proof of a violation of PC 278 does not require the intent for you to detain or conceal the child. However, proof of detention or concealment supports an inference of an intention to detain or conceal.

Penalties

Child Neglect, also known as Failure to Provide, is a wobbler offense in California. This means you can be charged with this crime as a misdemeanor or as a felony offense. If you are convicted of this charge as a misdemeanor, you can be sentenced to County Jail for up to one year. If you are convicted of this charge as a felony, you can be sentenced to State Prison for two, three, or four years. You would have to serve 50% of that time in County Jail or State Prison. You would also be subjected to a fine of up to $1,000 – $10,000 as well as further Dependency Court Orders from the Department of Child Services, and even a Criminal Protective Order. This would mean that not only would the State take your child away from you, but they could also add orders so you cannot even have contact with your minor child. You would also generally be required to attend a year-long Parenting class, as well as counseling courses.

Also, if it takes time to locate the minor child during the abduction, you would be required to pay those fees for costs incurred in trying to locate the child by any agency that was searching. The reason for the severity of the punishment here is that you already showed that a Court Order regarding custody will not stop your actions, so the Court intends these punishments to try and thwart your failure to abide by the Court Orders issued to you.

PC 278 is not a strike offense under the Three Strikes Law, and it is also not a charge requiring Sex Registration under PC 290. If you are convicted of PC 278, you could likely face a loss, suspension, or revocation of your professional license. You could also face immigration consequences if you are a non-US Citizen living in the United States.

Common Defenses

1. Statute of Limitations
2. Insufficient Evidence
3. Violation of Rights

An affirmative defense to this charge would be if you had legal custody of the child and are therefore exempt from prosecution under this section. Another defense can be that you did not intend to take the child for malicious purposes. Let’s take an example where you do not have custody of your child for some reason by Court. Maybe you have monitored visits or some weekend visits with your child. During one of those visits, your child tells you they are being abused by your ex-wife’s new boyfriend. In this circumstance, if you did not feel the ex-wife would listen, then your actions were not malicious, as you were acting proactively as a parent to protect your minor from any physical abuse by another.

Call Today

Facing a conviction under PC 278 can have severe, long-lasting effects on your life, particularly in relation to your family and parental rights. The harsh penalties associated with these charges are designed by the courts as a deterrent to prevent the violation of court orders, especially those concerning custody agreements. A conviction can drastically alter your relationship with your child, potentially resulting in losing the privilege to see them from regular visitations to possibly never again. The path to regaining custody or visitation rights can be arduous and take years, underscoring the critical need for an effective defense strategy.

At Inland Empire Criminal Defense in Ontario, CA, our attorney specializing in PC 278 has a robust track record of successfully defending clients against child abduction charges. Leveraging our extensive legal knowledge and strategic insight, we are committed to protecting your rights and preserving your future.

Why Choose Inland Empire Criminal Defense for PC 278 Charges?

• Focused Expertise on Child Abduction Laws: Our PC 278 Ontario attorney’s specific experience with child abduction charges means your case benefits from a deep understanding of the law and a proven approach to defense.
• Proven Track Record of Success: With numerous successful defenses in cases involving PC 278, we bring experience and strategic defense planning to your case, aimed at achieving favorable outcomes.
• Dedicated to Protecting Your Family Rights: Recognizing the stakes involved, we are dedicated to providing vigorous defense strategies tailored to protect your parental rights and your future with your child.

Take the First Step Toward Protecting Your Future

The implications of a charge under PC 278 necessitate immediate and knowledgeable legal intervention. Located in Ontario, CA, Inland Empire Criminal Defense is ready to offer the specialized legal representation required to address these serious allegations effectively.

Contact Inland Empire Criminal Defense Today

Do not risk the potential consequences of a child abduction charge under PC 278 on your own. Reach out to Inland Empire Criminal Defense at 909-939-7126 for a complimentary initial consultation. Our team is available 24/7 to answer your questions and to start working on a defense strategy that safeguards your rights and aims to secure the best possible outcome for you and your family.

Yony Morales

See Full Bio