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1. conceals a minor child from the child's parent where the action manifests an intent <br /> substantially to deprive that parent of parental rights or conceals a minor child from <br /> another person having the right to visitation or custody where the action manifests an <br /> intent to substantially deprive that person of rights to visitation or custody; <br /> 2. takes, obtains, retains, or fails to return a minor child in violation of a court order which <br /> has transferred legal custody under Chapter 260 to the commissioner of human <br /> services, a child placing agency, or the county welfare board; <br /> 3. takes, obtains, retains, or fails to return a minor child from or to the parent in violation <br /> of a court order, where the action manifests an intent substantially to deprive that <br /> parent of rights to visitation or custody; <br /> 4. takes, obtains, retains or fails to return a minor child from or to a parent after <br /> commencement of an action relating to child visitation or custody but prior to the <br /> issuance of an order determining custody or visitation rights, where the action <br /> manifests an intent substantially to deprive that parent of parental rights; or <br /> 5. retains a child in this state with the knowledge that the child was removed from <br /> another state in violation of any of the above provisions. <br /> Subd. 2. Defenses. It is an affirmative defense if a person charged under subdivision 1 proves <br /> that: <br /> 1. the person reasonably believed the action taken was necessary to protect the child <br /> from physical or sexual assault or substantial emotional harm; <br /> 2. the person reasonably believed the action taken was necessary to protect the person <br /> taking the action from physical or sexual assault; <br /> 3. the action taken is consented to by the parent, stepparent, or legal custodian seeking <br /> protection, but consent to custody or specific visitation is not consent to the action of <br /> failing to return or concealing a minor child; or <br /> 4. the action taken is otherwise authorized by a court order issued prior to the violation of <br /> subdivision 1. <br /> The defenses provided in this subdivision are in addition to and do not limit other defenses <br /> available under this chapter or chapter 611. <br /> Subd. 3. Venue. A person who violates this section may be prosecuted and tried either in the <br /> county in which the child was taken, concealed, or detained or in the county of lawful <br /> residence of the child. <br /> Subd. 4. Return of child; costs. A child who has been concealed, obtained, or retained in <br /> violation of this section shall be returned to the person having lawful custody of the child or <br /> shall be taken into custody pursuant to Minnesota Statute 260.165, subdivision 1, paragraph <br /> (c), clause (2). In addition to any sentence imposed, the court may assess any expense <br /> incurred in returning the child against any person convicted of violating this section. The court <br /> may direct the appropriate county welfare agency to provide counseling services to a child <br /> who has been returned pursuant to this subdivision. <br /> Subd. 5. Dismissal of charge. A felony charge brought under this section shall be dismissed <br /> if: <br /> (a) the person voluntarily returns the child within 48 hours after taking, detaining, or failing <br /> to return the child in violation of this section; or <br /> HC 2994(,M -8- <br /> • <br />